As Puerto Rico prepares for its Election Day vote regarding the Island’s political status, one significant question is emerging that could influence the voters’ decision: the outlook for U.S. citizenship for individuals born in Puerto Rico if independence or free association is chosen.
Is Citizenship Assured?
There exists a belief that current citizens will retain their U.S. citizenship regardless of future developments. However, the reality is that Puerto Ricans can only expect to secure their U.S. citizenship under statehood. Should Puerto Rico become a state, it would enjoy the citizenship protections outlined in the 14th amendment of the U.S. Constitution. In contrast, as a territory or an independent entity, even with a Free Association agreement, Puerto Rico lacks that safeguard.
The Puerto Rico Status Act (PRSA)
The bill specifies that citizenship is only “protected and secured” if Puerto Rico becomes a state. In the documentation from the Natural Resources Committee regarding the citizenship aspects of the PRSA, a poignant statement reads: “Under Independence and Sovereignty in Free Association with the United States, Puerto Rican citizenship would be determined by the nation of Puerto Rico, while U.S. citizenship would be established by Congress.”
“The bill’s proponents concur,” the document continues, “that allowing Puerto Rico to remain indefinitely with a majority population of U.S. citizens would not serve the interests of Puerto Rico nor those of the United States.”
The briefing further discusses potential citizenship for children born in a future independent or sovereign Puerto Rico in free association, but this is merely speculative – addressing what could happen. It offers possibilities but lacks definitive assurances.
Other Regulations
The PRSA indicates that U.S. citizens born in Puerto Rico today will retain their U.S. citizenship for life; however, the PRSA is not the definitive authority on the intricacies of U.S. citizenship. For starters, it is merely a bill and not an established law. Observations from Congress show that gaining U.S. citizenship has increasingly become more challenging over time. If the PRSA is enacted, it is likely to include tighter restrictions on U.S. citizenship.
And this is only the beginning. Legislative changes occur frequently in Congress.
Even if citizenship remains unaltered in the PRSA, Congress could introduce another bill addressing related immigration issues at any moment – whether through technical adjustments shortly after passage or months or years later as circumstances evolve. This practice is quite typical.
Once Puerto Rico exits the American collective, the Island will lose all representation in Congress. Currently, there is just one non-voting resident commissioner. As an independent nation, Puerto Rico will have no representation in Congress whatsoever. The citizens of Puerto Rico will lack a voice advocating for them.
In the current political atmosphere, immigration is a contentious topic. Numerous Americans, including several Congressional members, aim to restrict U.S. citizenship and complicate entry into the U.S. from abroad. While future societal views may shift to favor immigration at some point, this is not the prevailing situation today. Previous Congressional testimony indicates that limits on U.S. citizenship will persist in a newly independent Puerto Rico. To suggest differently would mislead the electorate.
What Will Happen to U.S. Citizenship in a New Nation of Puerto Rico? The Word from Washington
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