The Democratic National Committee (DNC) held its summer meeting in Austin, Texas, August 13-15. Of the many decisions finalized at the meeting, one is particularly relevant to Puerto Rico: the rejection of a bill introduced by Rep. Morgan Griffith (R-VA) called the “End Birthright Citizenship for the Territories” Act that proposes to change the law providing for U.S. citizenship to people born in U.S. territories. Puerto Rico is a U.S. territory. Under the Griffith proposal, birthright citizenship as it exists today would end in Puerto Rico on January 1, 2027.
Rep. Griffith introduced his bill soon after the Supreme Court ruled that President Trump’s executive order limiting birthright citizenship was unconstitutional. That decision relied on the 14th amendment, and since the U.S. unincorporated territories are not covered by the 14th amendment, Griffith possibly saw a chance to at least narrow U.S. birthright citizenship in spite of the Supreme Court decision.
Griffith’s legislation would not apply to babies born to U.S. citizens — who can register their children as U.S. citizens regardless of where they are born. It also exempts holders of Green Cards, who do not normally have that privilege. But a declaration of a “fight to end birthright citizenship in territories” is not a casual remark. It is intended to show willingness to end birthright citizenship for the territories.
And it is just one side of an ongoing emotional argument. Puerto Ricans, including the minority who favor independence, cherish U.S. citizenship. Members of Congress and Executive Branch officials of both major political parties have made it clear that U.S. citizenship for Puerto Ricans would have to be reconsidered if Puerto Rico were to achieve sovereignty outside of statehood. This creates a quandary for the small number of people in Puerto Rico who claim to want a clean break from the U.S. but assume – without evidence or precedent – that future generations will keep U.S. citizenship even under a foreign flag.
Supporting statehood?
The connection between U.S. citizenship and statehood was clearly evident in the discussion at the DNC meeting. The San Juan Daily Star reports that “The DNC stated that the legislation demonstrates how fundamental rights can be altered under the territorial system and reinforces the urgency of resolving Puerto Rico’s status. Party leaders also reaffirmed support for the Puerto Rico Status Act and pledged that, if Democrats regain control of Congress and the White House, they will prioritize legislation offering a binding statehood option to the island.”
Luis Dávila Pernas, president of the Puerto Rico Democratic Party, said ““Puerto Ricans proudly treasure our American citizenship, but while Puerto Rico remains a territory, that citizenship rests on a statutory foundation subject to Congress.” Not long ago, many people were unaware of this fact, and some refused to believe it. The recent discussion on birthright citizenship has made Americans more aware of the 14th amendment and its implications for Puerto Rico.
“The bill seeking to limit birthright citizenship in the territories demonstrates that the risk of losing it is real and not merely theoretical,” Dávila Pernas continued.
The Griffith bill is just one of the bills seeking to limit birthright citizenship which have recently been introduced in Congress. The “Anchors Away” bill seeks to “clarify” which babies born in the United States deserve birthright citizenship and to refuse admission to the U.S. to pregnant travelers. The late Lindsey Graham’s Birthright Citizenship Act sought to redefine the phrase “under the jurisdiction of” in the 14th amendment to the Constitution.
It is unambiguous that some Members of Congress are willing to limit citizenship rights. The Democratic National Committee, recognizing this threat, spoke firmly in opposition to this movement while urging that now is time to resolve the question of Puerto Rico’s political status.
What Will Happen to U.S. Citizenship in a New Nation of Puerto Rico? The Word from Washington
