James Lankford

On September 30, U.S. Sen. James Lankford introduced legislation seeking to restrict birthright citizenship in U.S. territories. This follows a similar bill introduced in the House by Rep. Morgan Griffith in July.

Both proposals could affect the citizenship rights of children born on Guam.

Both measures raise questions about whether Congress should be able to establish different rules for children born in U.S. territories than for children born in the 50 states.

Yes, it is within their constitutional authority to introduce legislation. But when proposals directly affect the citizenship rights of our people, shouldn’t Guam and the other U.S. territories be consulted?

Our congressional delegate can speak up for Guam, but he does not have a vote on final passage in the House. That is a fundamental limitation of our representation in Washington.

How can legislation affecting our people move forward without meaningful consultation with the very communities whose rights are at stake?

We are Americans. Our CHamoru people have sacrificed, served, and defended this nation for generations. Our citizenship and our future should never be treated as an afterthought in Washington.

Guam deserves more than a notification after decisions are made. We deserve a seat at the table, a meaningful voice in the discussion, and respect for the people who call this island home.

The proposed legislation raises several important concerns.

First, equal treatment. Guam residents are U.S. citizens, and many CHamoru families have generations of military service and sacrifice.

Proposals to restrict citizenship for children born on Guam raise questions about whether territorial residents are receiving equal treatment under federal law.

Second, representation. Guam’s congressional delegate can introduce legislation, participate in congressional proceedings, and advocate for Guam. However, the delegate does not have the same voting rights on final House passage as a voting member of Congress. Federal law provides for Guam to be represented by a nonvoting delegate.

The introduction of legislation affecting territorial citizenship without meaningful consultation with territorial governments and communities raises legitimate questions about how decisions affecting Guam are being made.

Consultation would give Guam’s elected leaders and residents an opportunity to explain the potential consequences before Congress considers changing citizenship law.

That distinction matters when discussing whether Guam was deliberately excluded from the legislative process.

The 1950 Organic Act of Guam that Congress passed which established Guam as an unincorporated organized territory of the United States, with a civil government and statutory U.S. citizenship granted to the native inhabitants. It also enables the U.S. to govern the territory with selective application of the Constitution, denying the native inhabitants the opportunity to exercise their self-determination. In this regard, the governance of the Chamoru people rests upon a constitutionally entrenched system of discrimination, rooted in overtly racist jurisprudence.

This Act reserved plenary power to amend or enact legislation for Guam to Congress, without the consent of the local citizenry. Drafted without the input of the CHamoru people, the Act reserved to Congress the power and authority to annul all laws passed by the Territory of Guam, as well as codifying that the U.S. Constitution and its rights and freedoms did not necessarily or automatically apply in Guam as an unincorporated territory.

Local citizenship was derived through an act of Congress and so, theoretically, they can revoke it, no matter the sacrifices.

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