evidence: b. American Samoa and Swains Island are not incorporated territories, and the citizenship acquisition provisions of the Fourteenth Amendment to the U.S. Constitution do not apply to persons born there. [...] d. INA 308(1) is retroactive, effectively granting non-citizen U.S. nationality to anyone born in American Samoa or Swains Island after annexation (February 16, 1900 for American Samoa and March 4, 1925 for Swains Island) and before December 24, 1952, who did not acquire non-citizen U.S. nationality at the time of birth. [...] c. Inhabitants of Swains Island indigenous (native) to that island who were not already U.S. citizens or nationals became non-citizen U.S. nationals if residing in Swains Island on March 4, 1925.