Myth: U.S. citzenship was imposed by Congress on Puerto Ricans.
Truth: Early in the 20th century, Puerto Ricans struggled to obtain U.S. citizenship, and it was through the efforts of such patriots as Luis Muñoz Rivera, José Celso Barbosa, José de Diego, Santiago Iglesias Pantín and Federico Degetau that Congress finally granted collective naturalized U.S. citizenship to Puerto Ricans on a voluntary basis in 1917, giving those declining it six months to register their wishes in court. Of 1.2 million residents of Puerto Rico at the time, only 288 declined U.S. citizenship. Subsequently, most of those who declined changed their minds and became naturalized U.S. citizens under special congressional legislation.
Myth: U.S. citizenship was granted to Puerto Ricans in order to draft Puerto Ricans to service in the U.S. armed foreces during World War I.
Truth: Long before World War I, there was talk among members of Congress to grant citizenship to Puerto Ricans. In 1905 President Theodore Roosevelt proposed the idea to Congress. U.S. citizenship has never been a condition for service in the U.S. armed forces. People residing in the United States are subject to military service in time of national emergency under the U.S. Military Service Draft Law, which dates back to colonial times in the United States.
Myth: U.S. citizenship is revocable.
Truth: U.S. citizenship, even if it is of a satutory nature (as is the citizenship granted to Puerto Ricans in 1917) is not revocable. Once granted, it becomes an acquired constitutional right. Citizenship cannot be lost unless it is renounced, if affiliation is established with another country with the intention of renouncing U.S. citizenship, or if treason is committed against the United States. The U.S. Supreme Court has ruled that the doctrine that says "what Congress creates, it can destroy" does not apply to constitutionally established acquired rights, as is the case of citizenship. Congress does not have any general power to take away U.S. citizenship without an individual's consent.
Myth: If a Puerto Rican renounces his U.S. citizenship, he is entitled to Puerto Rican citizenship and a Puerto Rican passport.
Truth: As long as Puerto Rico is under American rule, Puerto Rican citizenship exists for residence purposes only, and it has no juridical or international recognition. Therefore, there is no such thing as an official Puerto Rican citizenship or passport unless Puerto Rico becomes an independent republic.
Myth: Puerto Ricans can obtain dual citizenship (U.S.-PR) if the island becomes an independent republic.
Truth: In February, 1991, at hearing held by the U.S. Senate on a proposed status referendum law for Puerto Rico, then Secretary of Justice RichardThornburgh clearly established the United States' position on dual citizenship. He said that it would not be in the best interest of the United States to grant dual citizenship to an independent nation whose population consists entirely of U.S. citizens. In the event Puerto Rico becomes politically independent, its residents would be required to chose between retaining U.S. citizenship and the citizenship of the new republic. It is to be noted that even if Puerto Ricans decide to enter into a free association with the United States as a political status option, U.S. citizenship would not be granted together with Puerto Rico citizenship. Such was the case of free association pacts entered tinto between the United States and the Pacific islands of Marshall, Micronesia and Palau. The inhabitants of these islands are not U.S. citizens. These islands handle their own foreign affairs, enter into treaties with other nations, have their own consular and diplomatic corps and are members of the United Nations and other international organizations. U.S. laws are not applicable to these islands. They are, in fact, associated republics. Free association pacts are actually treaties between independent and sovereign nations. Puerto Rico must first be independent and sovereign to enter into a pact with the United States, and dual citizenship will not exist under such pacts. Free association with an independent and sovereign nation is an acceptable political status option under the provisions of the 1960 United Nations Resolution 1541, signed by all members of the United Nations, including the United States. The other acceptable status options for decolonization are absoute independence or integration with an independent state, meaning, for example, integration with the United States as a state of the union.
Brief Historical Review of Citizenship in Puerto Rico
1. During the Spanish regime, Puerto Ricans living on the island were Spanish subjects who did not enjoy full rights and privileges enjoyed by the Spanish subjects living in Spain. However, Puerto Rican Spanish subjects living in Spain enjoyed full rights and privileges of Spanish subjects there . (The same is the case now with Puerto Rican U.S. citizens living in mainland United States.)
2. Between October 1898 (when the U.S. occupied Puerto Rico) and April 11, 1899 (when the Treaty of Paris was ratified, under which Spain ceded Puerto Rico to the United States), technically speaking, Puerto Ricans continued to be Spanish subjects.
3. Between April 11, 1899 and April 30, 1900, all inhabitants of Puerto Rico who were Spanish subjects were considered to be non-citizen U.S. nationals.
4. Between May 1, 1900 (when the Foraker Act became effective, giving Puerto Rico a civilian government) and March 2, 1917 (when the Jones Act was enacted, giving Puerto Ricans U.S. citizenship collectively), the non-citizen U.S. nationals in Puerto Rico also became citizens of Puerto Rico, but without international legal standing and for residency purposes only. They continued under the protection of the United States, but with minimum rights.
5. After passage of the Jones Act, the Puerto Rican non-citizen U.S. nationals collectively became naaturalized U.S. citizens, except for those who formally declined it. The classification of Puerto Rican citizenship ceased with the Jones Act. It was not until 1927 that it was reestablished for residency purposes only.
6. From March 2, 1917 to Januar;y 13, 1941, children born of those who became U.S. citizens under the Jones Act were considered U.S. citizens jus sanguinis (blood relationship, not by naturalization). They, however, were not eligible for the U.S. presidency, because they were not "natural born" (jus soli, place of birth) as required by the U.S. Constitution.
7. The 1940 Nationality Act, which became effective January 13, 1941, applied the rule of jus soli to persons born in Puerto Rico after that date by including Puerto Rico within its definition of the United States for purposes of immigration laws. Subsequently, in 1952, the Act specifically applied the rule of jus soli to persons born in Puerto Rico on or after January 13, 1941, subject to the jurisdiction of the United States. In other words, they were considered "natural born" U.S. citizens.
It is to be noted, however, that these "natural born" U.S. citizens in Puerto Rico do not qualify to become U.S. president because they do not meet the constitutional requirement of residence within the United States, having been born in a U.S. territory, not a part of the United States for all constitutional purposes. For the same reason, residents of Puerto Rico cannot vote for the U.S. president and members of Congress. The U.S. Supreme Court has ruled that "it is location which determines the application of the U.S. Constitution and not the citizenship status of the people who live in that territory (Balzac v. Puerto Rico, 258 U.S. 301, 1922 and Harris v. Rosario, 446 U.S. 651, 1980).
If Puerto Rico becomes an independent republic, the U.S. citizens residing in the island will not lose their U.S. citizenship because, once granted, it becomes an acquired right that is irrevocable. The only way to lose it is by renouncing it, taking an oath of allegiance to a foreign state with the intention of surrendering the U.S. citizenship or committing treason against the United States.
