Last week, a three-judge panel with the US Appeals Court in Washington ruled that people born in American Samoa do not automatically become citizens of the United States.
The decision was the result of an appeal by five American Samoans, four of them living in the United States, who argued that the 14th amendment of the US Constitution says that they should have a right to citizenship.
Hunkin says this case is “far from over” because the plaintiffs still have the option of going to the US Supreme Court – but he says that’s a dangerous move because its decision would be the end of the road and also the final ruling of the issue affecting American Samoans.
He has reiterated that US citizenship for persons born in American Samoa should not be decided by judicial action but by the people of American Samoa.
He also says American Samoa needs to clearly define its political status with the United States and the wishes of the people can then be relayed to Congress.
American Samoa is listed as an “unincorporated and unorganised territory”.