The Nature of U.S. Citizenship for Puerto Ricans

TO:

FROM: Elizabeth A. Shamaly, Legislative Fellow

RE: The Nature of U.S. Citizenship for Puerto Ricans

You asked whether or not an individual maintains Puerto Rican citizenship when he renounces his United States citizenship. You also wanted the historical legislative summary defining Puerto Ricans' citizenship status.

If a Puerto Rican renounces his United States citizenship, this individual would be considered a state-less person. Puerto Rican citizenship does not exist independently of United States citizenship because Puerto Rico is not an independent sovereign nation. From 1899 to 1952, legislative acts declared most Puerto Rican residents and natives to be United States citizens. This memo discusses in further detail the citizenship status of Puerto Rican people as well as a summary of the acts defining their citizenship status.

INTERNATIONAL STATUS OF A PUERTO RICAN WITHOUT UNITED STATES CITIZENSHIP

For the purpose of this memo, citizenship will be defined by the individual's allegiance to an independent sovereign country which provides that person with protection internationally. A sovereign independent country controls both its internal (domestic) and external (foreign) affairs. Since Puerto Rico does not control its external affairs, Puerto Rican “citizenship” does not exist independently of United States citizenship. If a Puerto Rican resident renounces his United States citizenship, this individual would be considered a state-less person because Puerto Rican citizenship would not grant an individual protection by Puerto Rico in a foreign country. In addition, a passport

of Puerto Rico would not be recognized by other countries because Puerto Rico is not an independent sovereign nation. Thus, such a person could not travel to other countries since he would not have a valid passport.

In general, most Puerto Rican residents would be considered United States citizens. The following individuals are United States citizens:

1. People born in Puerto Rico on or after January 13, 1941. These individuals were declared United States citizens at birth.

2. People born in Puerto Rico before January 13, 1941, and whose parents became United States citizens under one of the naturalization acts.

3. People born in Puerto Rico before April 11, 1899, whose parents became United States citizens.

4. People born in Puerto Rico to alien parents on or after April 11, 1899, and lived in Puerto Rico or another United States territory on January 14, 1941.

Although these individuals do not have United States citizenship, they would need to be a citizen of another country, otherwise they would be considered a state-less person. The following individuals are not United States citizens:

1. People living in Puerto Rico before April 11, 1899, who did not renounce their original citizenship (i.e., Spanish or French citizenship).

2. People born in Puerto Rico before April 11, 1899, whose parents had not become United States citizens. For example, if the person's parents had remained Spanish citizens, the person would also be considered a Spanish citizen.

3. People born in Puerto Rico between April 11, 1899, and January 13, 1941, (1) who were not living in Puerto Rico or another United States territory on January 14, 1941; and (2) whose parents had not become United States citizens. For example, a person who was born in Puerto Rico in 1938, moved to another country before January 14, 1941, and whose parents were Spanish citizens.

Under Article II of the Treaty of Paris (1899), Puerto Rican residents, born in Spain, could remain in Puerto Rican territories while preserving their Spanish citizenship. If individuals did not declare their continued Spanish citizenship before a court within a year of the date of the exchange of the treaty's ratifications, they were deemed as having renounced their Spanish citizenship and having adopted United States citizenship (April 11, 1899, U.S.-Spain, 30 Stat. 1754).

Article IX of the Treaty of Paris gave Congress the authority to determine the status of Puerto Ricans. Congress acted quickly to define this status by the time the one-year period for election of keeping Spanish citizenship had expired (April 11, 1899, U.S.-Spain, 30 Stat. 1754).

Gonzales v. Williams held that Puerto Ricans were not “aliens” or “alien immigrants” under the Immigration Act of March 3, 1891. They were not U.S. citizens but enjoyed the protection of the United States and owed allegiance to the United States. Since Puerto Rico was not an independent foreign country or sovereign nation, there could not be Puerto Rican citizenship independent of United States citizenship (Gonzales v. Williams, 192 U.S. 1, 3-4 (1904)).

The Jones Act of 1917 provided for the collective naturalization of Puerto Rican residents. They could keep their previous citizenship of another country and refuse United States citizenship if they made a declaration before a court within six months of enactment. It was declared that a Puerto Rican resident would need to be a United States citizen to participate in Puerto Rico's political community (Jones Act of 1917, 39 Stat. 958 (1917)).

The Act of March 4, 1927, extended United States citizenship to Puerto Rican natives born to alien parents and Puerto Rican citizens who had previously refused United States citizenship. These individuals would follow the naturalization procedure in the Jones Act of 1917. The United States declared Puerto Rican natives born after the date of cession under the Treaty of Paris to have U.S. citizenship only (The Act of March 4, 1927, Ch. 503 § 2, 44 Stat. 1418, 1819).

The Act of June 27, 1934, extended U.S. citizenship to individuals born in Puerto Rico on or after April 11, 1899, and not citizens of a foreign power. Those who had previously renounced their citizenship, were expatriated, were living abroad, or had foreign citizenship were exempt (The Act of June 27, 1934, Ch. 845, 48 Stat. 1245).

The Nationality Act of 1940 provided U.S. citizenship for all persons born in Puerto Rico on or after April 11, 1899, residing in United States territory on January 13, 1941 and not already U.S. citizens under previous statutes. (Nationality Act of 1940, 54 Stat. 1187, 1139).

The Nationality Act of 1952 reenacted the provisions of the Nationality Act of 1940. It also declared individuals born in Puerto Rico on or after January 13, 1941, to be U.S. citizens at birth (Nationality Act of 1952, 8 U.S.C. § 1402).