In what's been described as an important case on the issue of birthright citizenship for the territories. Attorneys for an American Samoan man argued before the 10th Circuit Court of Appeals that he has a right to full U.S. citizenship instead of his current status as a U.S. National.

Attorney Matthew McGill said that at the turn of the 20th century Samoan tribal leaders signed an agreement that incorporated the island into the U.S., and which also gave them equal rights under the constitution.

"That when the flag was hoisted after the deed of cession was signed in 1900 the 14th amendment already was in place at least when congress accepted a deed of cession, they became a territory of the United States and part of the United States subject to the 14th amendment," he said. "That is undeniably our position and as we elaborate in the brief, the people of American Samoa were somewhat chagrined to learn that the United States government did not share that view."

Co-counsel, Attorney Neil Weare, a former Guam resident said it was disappointing that "the Justice Department continues to rely on the racist Insular Cases to argue that people born in U.S. territories have no right to citizenship." Weare said while he's hopeful the Tenth Circuit will rule in their favor, the case is likely to be appealed to the Supreme Court.