Do individuals born in Puerto Rico hold American citizenship?

Travel Destinations

By Kristy Tolley

Puerto Rico and American citizenship

Puerto Rico is an unincorporated territory of the United States located in the Caribbean Sea. As a territory, Puerto Rico has a unique relationship with the United States and its citizens. One of the central questions surrounding this relationship is whether individuals born in Puerto Rico hold American citizenship.

The Jones-Shafroth Act of 1917

The question of Puerto Rican citizenship was partially settled by the Jones-Shafroth Act of 1917, which granted citizenship to all individuals born in Puerto Rico on or after April 25, 1898. This date marks the end of the Spanish-American War, when Puerto Rico was ceded to the United States by Spain. However, the Jones-Shafroth Act did not grant Puerto Ricans the full rights and privileges of American citizenship, such as the right to vote in presidential elections or to have voting representation in Congress. Instead, Puerto Ricans were granted a limited form of citizenship that allowed them to travel freely between Puerto Rico and the mainland United States and to join the military.

The status of citizenship in Puerto Rico before 1917

Before the passage of the Jones-Shafroth Act, the question of Puerto Rican citizenship was complicated by the fact that Puerto Rico was a colony of Spain. When the United States took control of Puerto Rico in 1898, its residents were not automatically granted American citizenship. Instead, they were considered to be "non-citizen nationals," a category that also included people from other U.S. territories like Guam and the U.S. Virgin Islands. This meant that Puerto Ricans could not vote in U.S. elections or travel freely to the mainland United States without special permission.

The debate over Puerto Rican citizenship

Despite the passage of the Jones-Shafroth Act, the question of Puerto Rican citizenship remained contentious in the years that followed. Some argued that Puerto Ricans should be granted full American citizenship, while others believed that Puerto Rico should continue to be treated as a distinct territory with its own unique status. In the decades that followed, Puerto Ricans continued to advocate for greater recognition of their citizenship and their rights as U.S. citizens.

The Supreme Court’s rulings on citizenship in Puerto Rico

The question of Puerto Rican citizenship was further complicated by a series of Supreme Court rulings in the mid-twentieth century. In 1948, the Supreme Court ruled in the case of Perez v. Brownell that Puerto Ricans were not "born in the United States" and therefore could not claim U.S. citizenship under the 14th Amendment. However, in 1952, Congress passed the Immigration and Nationality Act, which provided that all individuals born in Puerto Rico were U.S. citizens. Nevertheless, lawsuits continued to be filed challenging the extent of citizenship rights for Puerto Ricans.

The question of Puerto Rican citizenship is closely linked to the broader issue of American identity. For many Puerto Ricans, their status as U.S. citizens is an important part of their identity, even as they continue to advocate for greater recognition of their rights and their distinct cultural heritage. Some have argued that Puerto Ricans should be granted statehood, while others believe that Puerto Rico should be granted independence.

Voting rights for Puerto Ricans

One of the key issues facing Puerto Ricans is their lack of voting representation in Congress. While Puerto Ricans are U.S. citizens, they do not have voting members in the House of Representatives or the Senate. This means that they are not able to participate fully in the democratic process and that their voices are not fully represented in the halls of government.

Dual citizenship for Puerto Ricans

Another issue facing Puerto Ricans is the question of dual citizenship. While Puerto Ricans are U.S. citizens, they are also considered to be citizens of Puerto Rico. This has led to some confusion around issues like travel and taxation, as Puerto Ricans may have different rights and responsibilities depending on which citizenship they are invoking.

Challenges facing Puerto Ricans in asserting their citizenship

Puerto Ricans face a number of challenges in asserting their citizenship and their rights as U.S. citizens. These challenges include limited voting representation, limited access to federal programs, and a lack of recognition of their cultural heritage. In addition, Puerto Ricans have been disproportionately impacted by natural disasters like Hurricane Maria, which exposed the fragility of infrastructure and the inadequacy of federal aid.

Recent developments in the debate over Puerto Rican citizenship

In recent years, there has been renewed interest in the question of Puerto Rican citizenship. In the wake of Hurricane Maria, many Americans became more aware of the challenges facing Puerto Ricans and the need for greater recognition of their rights and their citizenship. At the same time, some politicians and activists have renewed calls for statehood or independence, arguing that Puerto Rico’s current status as a territory is unsustainable.

Conclusion: Puerto Rico’s complex relationship with American citizenship

The question of Puerto Rican citizenship is one that has been debated for over a century. While the Jones-Shafroth Act of 1917 granted citizenship to Puerto Ricans, it did not grant them the full rights and privileges of American citizenship. Today, Puerto Ricans continue to advocate for greater recognition of their rights and their citizenship, even as they continue to grapple with the complexities of their relationship with the United States.

Resources for learning more about Puerto Rican citizenship

  • "Puerto Rico and its Relationship with the United States" from the Congressional Research Service
  • "Puerto Rico’s Political Status and the 2012 Plebiscite: Background and Key Questions" from the Congressional Research Service
  • "Puerto Rico’s Political Status and the 2017 Plebiscite: Background and Key Questions" from the Congressional Research Service
  • "The Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA)" from the Congressional Research Service
  • "American Samoans, Puerto Ricans, and the Meaning of Citizenship" by Christina Duffy Ponsa in the Harvard Law Review
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Kristy Tolley

Kristy Tolley, an accomplished editor at TravelAsker, boasts a rich background in travel content creation. Before TravelAsker, she led editorial efforts at Red Ventures Puerto Rico, shaping content for Platea English. Kristy's extensive two-decade career spans writing and editing travel topics, from destinations to road trips. Her passion for travel and storytelling inspire readers to embark on their own journeys.

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