Tulsi Gabbard was born on April 12, 1981, in Leloaloa, Maoputasi County, on American Samoa’s main island of Tutuila.
Because of Obama’s 8 years, we cannot get the SCOTUS to adjudicate this Article III matter for the first time in US history.
Tuaua v. United States
According to the Immigration and Nationality Act (INA), the people born in American Samoa – including those born on Swains Island – are “nationals but not citizens of the United States at birth”. If a child is born on any of these islands to any U.S. citizen, then that child is considered a national and a citizen of the United States at birth. In an amicus curiae brief filed in federal court, Samoan Congressman Faleomavaega supported the legal interpretation that the Citizenship Clause of the Fourteenth Amendment does not extend birthright citizenship to United States nationals born in unincorporated territories.
All U.S. nationals have statutory rights to reside in the United States (i.e., the 50 states and Puerto Rico), and may apply for citizenship by naturalization after three months of residency by passing a test in English and civics, and by taking an oath of allegiance to the United States. However, the INA makes clear that any “national but not a citizen of the United States” who at any time has been convicted of any aggravated felony, whether the aggravated felony was committed inside or outside the United States, is “debarred from becoming a citizen of the United States”
Gabbard is a US citizen (not a US Natural born citizen) by virtue of a statute, the Immigration and Naturalization Act, passed in the 20th century, which did not modify the intent of Article II, section one, clause 5, ratified in 1787. A statute cannot amend the meaning or intent of a constitutional provision.
Gabbard’s mother is undoubtedly a US citizen.
It is my understanding that her mother was a citizen due to her birth in Decatur Indiana. If that is accurate, would not Tulsi be a citizen at birth based on the above sentence from your post.