SCOTUS refused to take up a case in which the court held they are not U.S. citizens by birth.
A Federal Judge in Utah held that they are.
Federal judge rules American Samoans are US citizens by birth
Only her mother was a U.S. citizen at Tulsi's birth, not her dad.“This court is not imposing ‘citizenship by judicial fiat.’ The action is required by the mandate of the Fourteenth Amendment as construed and applied by Supreme Court precedent,” wrote Judge Clark Waddoups in the US District Court for the District of Utah.
“Further, Plaintiffs are American Samoans. They brought this action seeking to realize their rights to citizenship under the Fourteenth Amendment,” he added. It’s unclear whether Waddoups’ order applies to American Samoans beyond Utah.
"In 2016, the Supreme Court declined to reconsider a ruling in a similar case from the US Court of Appeals for the District of Columbia Circuit that the Constitution does not confer citizenship on those born in American Samoa.
"American Samoa has been a US territory since 1900. Those born in the other US territories – Puerto Rico, the Virgin Islands, Guam and the Northern Marianas – all get citizenship at birth, but that was determined by statute in Congress. No such law exists for American Samoa.
gavel photo
READ: Federal court ruling on US citizenship for American Samoans https://www.cnn.com/2019/12/12/politics ... index.html
'American Samoans living in Utah brought the suit in 2018, arguing that being “non-citizen nationals,” instead of US citizens closed the door to some employment opportunities and didn’t allow them to vote, among other rights afforded to US citizens"
https://www.cnn.com/2019/12/12/politics ... index.html
So the birthers have a good case here.