Here’s what the 14th Amendment to the Constitution says about U.S. citizenship: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Babies born in the states are birthright citizens of the United States under the 14th Amendment to the Constitution. People naturalized — that is, having become U.S. citizens through the immigration process — are also covered by this amendment. All these U.S. citizens are citizens of the United States as well as the states where they live. It’s a simple, straightforward law — but birthright citizenship is under attack and U.S. citizenship is getting harder to get for lawful residents who want to become naturalized citizens.
Where does this leave Puerto Rico? The 14th amendment refers to citizens of states, not those of territories like Puerto Rico. Babies born in Puerto Rico also have birthright U.S. citizenship, but it is statutory, not constitutional citizenship.
That is, U.S. citizenship in Puerto Rico is based on a law passed by Congress, not on the Constitution. This is also true of citizenship for people born in some (though not all) of the other U.S. territories, and for children of U.S. citizens born in foreign countries. Laws passed by Congress can and do change over time.
U.S. citizenship is getting harder to get
U.S. Citizenship and Immigration Service (USCIS) Director Joseph Edlow recently said in an interview, “I am declaring war on anyone that is coming to this country and wants to get a benefit but doesn’t want the responsibility of what it means to actually be a U.S. citizen.” He was describing a new set of more difficult standards on English and civics involving standardized tests and essays, which he would like to put in place.
A USCIS memo recently added a description of new plans for a “good moral character” section of the application. Applicants for U.S. citizenship currently must undergo a background check to make sure they have not broken laws, dodged child support, or in any other way demonstrated a lack of good moral character.
The memo says that, “aliens applying for naturalization must demonstrate that he or she has been and continues to be an individual of good moral character (GMC). Evaluating GMC involves more than a cursory mechanical review focused on the absence of wrongdoing. It entails a holistic assessment of an alien’s behavior, adherence to societal norms, and positive contributions that affirmatively demonstrate good moral character.”
The memo includes a list of signs of good moral character:
- Sustained community involvement and contributions in the United States.
- Family caregiving, responsibility, and ties in the United States.
- Educational attainment.
- Stable and lawful employment history and achievements.
- Length of lawful residence in the United States.
- Compliance with tax obligations and financial responsibility in the United States.
The New York Times also reported that ICE would begin interviewing neighbors of applicants and watching for signs of “expressing hatred of American values.”
The president has also called for denial of visas — temporary permission to enter the U.S. — for people with health issues including obesity. His administration has limited work visas, called for limits on legal immigration, and instructed the Department of Justice to “prioritize[e] denaturalization” which involves stripping naturalized citizens of their U.S. citizenship.
All in all, it is clear that U.S. citizenship is trending to become more limited under the current administration.
Where does this leave Puerto Rico?
Puerto Rico’s U.S. citizenship can be rescinded by Congress. Just as laws about the U.S. citizenship of children born abroad to U.S. citizen parents have changed over time, laws providing statutory citizenship to territories can change. Citizenship in a territory is vulnerable.
Were Puerto Rico to choose independence, even independence with a Compact of Free Association with the United States, U.S. citizenship would be unlikely to continue to be a possibility under the current administration, which has shown a strong tendency to limit citizenship and immigration.
If this tendency is a historic trend, then a future Congress might be even less inclined to allow continued U.S. citizenship to citizens of a foreign nation. Since the decisions of one Congress cannot bind a future Congress, a new Republic of Puerto Rico could never be certain of U.S. citizenship for its residents or their descendants.
In fact, Puerto Rico-born U.S. citizens living in a state could not be sure of their citizenship, either, nor of their ability to become naturalized citizens. Many current U.S. citizens, including President Trump as a hypothetical immigrant, could be unlikely to meet the new criteria being proposed for naturalization, and that includes individuals born in Puerto Rico.
When considering status options, it is essential that Puerto Rico voters consider whether they would be willing to put their U.S. citizenship in jeopardy or not. Of the viable status options, only statehood guarantees that citizenship.
