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Puerto Rican citizenship and nationality

Puerto Rico is an island in the Caribbean region in which inhabitants were Spanish nationals from 1508 until the Spanish–American War in 1898, from which point they derived their nationality from United States law. Nationality is the legal means by which inhabitants acquire formal membership in a nation without regard to its governance type.[1] In addition to being United States nationals, persons are citizens of the United States and citizens of the Commonwealth of Puerto Rico within the context of United States Citizenship. Miriam J. Ramirez de Ferrer v. Juan Mari Brás (144 DPR 141, 1997). Citizenship, the rights and obligations that each owes the other, once one has become a member of a nation.[2] Though the Constitution of the United States recognizes both national and state citizenship as a means of accessing rights,[3][note 1] Puerto Rico's history as a territory has created both confusion over the status of its nationals and citizens and controversy because of distinctions between jurisdictions of the United States.[9][10] These differences have created[9] what political scientist Charles R. Venator-Santiago has called "separate and unequal" statuses.[10]

History of nationality in Puerto Rico edit

Spanish period (1508–1898) edit

 
Constitution of Cádiz

Puerto Rico was a Spanish colony for four hundred years, after Spain first established a settlement on the island in 1508.[11][12] In accordance with the Laws of the Indies, criollos, persons born in the colonies, had fewer rights than peninsulares, those born in Spain.[13] After a governmental reorganization and propagation of the first Spanish constitution, the 1812 Constitution of Cádiz, Puerto Ricans were defined as persons born on the island and their descendants.[14][15] They were granted an equal status and representation in the Spanish Parliament. Within two years, the constitution was suspended and absolute monarchy returned, along with the former unequal status based upon place of birth.[14] A Royal Charter issued in 1816, invited foreigners to migrate to Puerto Rico to engage in professions and offered them an opportunity to become Spanish citizens, upon request after establishing residency for five years.[16] Foreigners who established a permanent residence in Puerto Rico were considered subjects, neither Spanish-nationals nor native-born, unless they chose to naturalize.[17] The children born in Puerto Rico derived the status of their fathers. If the father naturalized as Spanish, the children were Spanish nationals and if the father retained his foreign nationality, the children were foreign nationals.[16]

Instability in the Spanish Empire resulted in a lengthy period where the Constitution of Cádiz was reinstated and revoked several times, leaving Puerto Rico without specific legal status for its inhabitants until 1873, when the Spanish Constitution of 1869 was extended to the island.[18] This constitution abolished slavery in Puerto Rico and established a bill of rights for inhabitants. It was short-lived and ceased to be effective in 1874, with the restoration of the monarchy.[19] The 1812 Constitution contained provisions for Spain to draft a Civil Code. Numerous attempts were unsuccessful, until a code was finally adopted in 1889. By royal decree on July 31, the Spanish Civil Code was extended to Cuba, the Philippines and Puerto Rico, coming into effect on January 1, 1890.[20] The provisions of the code, in Article 22, required a married woman to derive her nationality from her husband.[17]

United States period (1898–present) edit

Establishing nationality for Puerto Rico (1898–1952) edit

At the conclusion of the Spanish–American War, under terms of the 1898 Treaty of Paris, the United States acquired control over Cuba, Guam, the Philippines, and Puerto Rico.[21] Prior to signature of the treaty, all persons born in US possessions had been collectively naturalized by the United States. Under the terms of the 1898 Treaty, however, possessions were deemed to be foreign localities and because no collective naturalization was provided, persons living therein were not protected by the Citizenship Clause of the Fourteenth Amendment to the United States Constitution.[22] The language created a new classification of non-citizen US nationals, which applied at the time to Cuba, Guam, the Philippines, and Puerto Rico, and was later extended to include American Samoa, Guam, and the Virgin Islands. In essence, until Congress chose to convey rights of citizenship, inhabitants of possessions were not extended full constitutional rights, but belonged to the United States.[23]

The lack of a collective naturalization clause created a situation which treated inhabitants differently based upon their origin. Spanish nationals born in Spain could opt to remain Spanish, by making a formal declaration within one year of the treaty in a court that they wished to retain their original nationality. Failure to do so, severed the tie to Spain if the person remained in Puerto Rico. Foreigners remained foreign nationals. Persons born in Puerto Rico automatically became US nationals, but according to scholar John L. A. de Passalacqua, had no "citizenship whatsoever recognized under international law or even United States municipal law".[24] In 1900, the US Congress passed the first Organic Act, known as the Foraker Act, to regulate the status of Puerto Rico and establish a civilian government.[25] It created a legislature, over which the US Congress retained authority to annul laws[26] and established that while Puerto Ricans were US nationals, they were territorial citizens.[27] US nationality applied only to those who had renounced Spanish nationality or were already US nationals residing in Puerto Rico. It did not extend to foreigners or those born in Puerto Rico who were residing abroad.[25] The Puerto Rican Civil Code, as did other laws in force at the time, remained applicable in accordance with terms of the Foraker Act.[28] It was replaced in 1902, incorporating portions of the Louisiana Code.[20]

The Civil Code was revised again in 1930, with only slight modifications from the former version and contained provisions for the legal incapacitation of married women until revision in 1976.[20][29] In 1934, amendments to the Cable Act, which partially provided married women individual nationality, were incorporated into the Equal Nationality Act.[30][31] Women were allowed under the amendment for their children born abroad to derive their nationality.[30] The 1934 Nationality Act also provided that Puerto Rican women who had been denationalized because of marriage prior to March 2, 1917, the date upon which Puerto Ricans were extended US statutory citizenship, had the option to repatriate.[32][33] Amendments to the Jones Act, that same year, established that US collective naturalization was extended to all Puerto Ricans born after April 11, 1899, and thereafter naturalization was acquired at birth.[34][35] Minor changes were made to the Jones Act in 1940 extending US nationality to foreigners who had permanent residency in Puerto Rico.[36] That year the Nationality Act of 1940 codified into a single federal statute, various laws and decisions by the Supreme Court of the United States on nationality, including the status of non-citizen national, clarifying that not all persons with allegiance to the United States were able to acquire the rights and responsibilities of citizenship.[37] It also established the principle that after 1941, all Puerto Ricans acquired US nationality at birth, in a similar manner to other US nationals, no longer through naturalization.[38]

In 1942, a proposed amendment of 1940 Act passed the US House to address the provision with regard to Puerto Ricans for loss of nationality of naturalized persons.[35][39] Initially, US nationality had not been a birthright for islanders and under the Jones Act they were collectively naturalized. A provision of the 1940 Act denationalized naturalized persons after five years continuous residency abroad, but had no restriction on the length of foreign residence for birthright nationals. To address this discrepancy, the amendment proposed to exclude Puerto Ricans from loss of nationality because of residence abroad.[40] It was referred to committee in the Senate and had no further action.[39] The measure was reintroduced in 1943 and 1946, and was finally successful in exempting Puerto Ricans from denationalization in 1948.[41] The US Immigration and Nationality Act of 1952, codified under Title 8 of the United States Code, revised the wording concerning Puerto Ricans, granting nationality to persons born in Puerto Rico on or after April 11, 1899, and prior to January 13, 1941, who had not been covered in previous legislation, and thereafter to Puerto Ricans at birth. It did not address the status of persons born prior to April 11, 1899.[42]

Establishing citizenship for Puerto Rico (1900–1952) edit

In 1900, the territorial legislature passed the Political Code of Puerto Rico, which recognized as Puerto Rican citizens, US nationals permanently living on the island, and former Spanish nationals who had severed ties with Spain, in language identical to the Foraker Act. However, it also contained the primary provision in Title II, Section 10, that anyone born in Puerto Rico "and subject to the jurisdiction thereof" was a Puerto Rican citizen.[43][44] The US Supreme Court ruled in the Insular Cases (1901–1922), that for unincorporated territories and insular possessions of the United States, which were not on a path toward statehood, the US Constitution did not necessarily apply.[45][46] Specifically, in Downes v. Bidwell (182 U.S. 244, 1901) the Supreme Court found that though Puerto Rico belonged to the United States, it was not part of it constitutionally because it was "inhabited by alien races, differing from us in religion, customs, laws, methods of taxation and modes of thought and therefore the administration of government and justice, according to Anglo-Saxon principles, may for a time be impossible".[45] In Gonzales v. Williams (192 U.S. 1, 1904) the Supreme Court affirmed that Puerto Ricans were not aliens, or immigrants, causing Congress to pass in 1906, special provisions for persons born in unincorporated territories to naturalize in the United States.[45][47]

In 1917, the Jones–Shafroth Act established statutory, rather than constitutional, US citizenship, upon US nationals of Puerto Rico and those who might have been absent from the territory at the time of US acquisition, but who had now returned to the island.[45][48] People who had renounced foreign nationality and were previously Puerto Rican under local law, became stateless under the terms of the Jones Act.[36] In 1922, the US Supreme Court clarified in the case of Balzac v. Porto Rico (258 US 298, 1922) that the full protection and rights of the US Constitution are not applicable to residents of Puerto Rico until they come to reside in the United States proper.[49] Amendments to the Jones Act in 1927 extended naturalization with statutory citizenship to those who had been absent when it was enacted and those whom it had rendered stateless because of residency under previous Spanish law.[36]

In 1950, the US Congress passed Public Law 600, authorizing Puerto Rico to draft its own constitution to regulate its internal affairs.[50] A local referendum was held to determine whether the government should be organized with a commonwealth status. The Constitutional Convention of Puerto Rico established a constitution which had few differences between the relationship of Puerto Rico and the United States. Parts of the Jones Act were repealed, but the remainder ensured that the permanent association with the United States remained.[51]

Current system edit

Nationality acquisition and federal citizenship edit

By virtue of the various laws passed concerning Puerto Rican nationality and citizenship, Puerto Ricans acquire nationality and federal citizenship by various means. These include by birth in one of the fifty states or District of Columbia; becoming naturalized; under the terms of the Jones Act, as it has been amended over time; under provisions of the Nationality Act of 1940 and by having a parent who was Puerto Rican and held federal nationality; or birth in Puerto Rico on or after April 11, 1899.[52] Likewise, federal statutory citizenship has been acquired through the Jones Act and its various amendments through time.[53] Despite possessing federal statutory citizenship, residents of Puerto Rico have no representation in the US Congress, are unable to vote in the Electoral College, and do not have full protection under the US Constitution, until they come to reside in a U.S. state.[54] Though all residents of Puerto Rico pay some federal taxes,[55][56] there is less federal assistance available to island citizens through programs like Temporary Assistance for Needy Families, Medicaid, and Supplemental Security Income.[57] Puerto Rico's history as a territory has created both confusion over the status of its nationals and citizenship and controversy because of distinctions between jurisdictions of the United States.[9][10] These differences have created[9] what political scientist Charles R. Venator-Santiago has called "separate and unequal" statuses,[10] and in an ambiguous liminal status.[58]

Relinquishing United States nationality edit

United States citizens are allowed to give up their nationality and citizenship if the act is voluntary and intentional.[59] Over time, 287 residents of Puerto Rico have formally renounced their nationality.[60] Since 1990, the US State Department presumes no intention to give up nationality, even when a person has performed a potentially expatriating act.[61] Renunciation requires making a formal declaration, which is sworn before a designated authority in the United States during a time of war, or abroad at any time to a consular officer; attending an interview and counseling session; payment of a fee; and signing requisite documents.[62]

In 1994, Juan Mari Brás flew to Venezuela and renounced his US nationality, in an attempt to rid himself from what he saw as the colonialism inherent in Puerto Ricans being considered U.S. nationals.[63] [64] In 1995, he was issued a Certificate of Loss of Nationality by the State Department.[63] In 1996, the Secretary of Justice issued clarification on the matter to the Governor of Puerto Rico confirming that nationality in a sovereign state is not the same as state or territorial citizenship. Further, because Puerto Rico falls under the sovereignty of the United States, renunciation of his nationality left him stateless and it would require a decision of the US Immigration and Naturalization Service, as to whether he could obtain a visa to remain in Puerto Rico after renunciation.[65] In the US District Court for the District of Columbia a decision in Davis v. District Director (481 F. Supp. 1178, D.D.C., 1979) determined that renunciation of US nationality rendered the person an alien without right to remain in the country without a valid visa.[66] The same district court upheld similar findings in Colón v. U.S. Department of State (2 F. Supp. 2d 43, D.D.C., 1998), ruling that US nationality cannot be renounced if it is the intent of a petitioner to reside in Puerto Rico and allege that they can do so because they have Puerto Rican citizenship.[67][68] Shortly thereafter, because Mari Brás wished to remain in Puerto Rico, the State Department reversed its decision to accept his renunciation.[69]

Domestic citizenship edit

 
 
Puerto Rican suffragists Isabel Andreu de Aguilar (left) and Milagros Benet de Mewton (right)

Since 1900, with the establishment of the territorial legislature under the terms of the Foraker Act, and development of the Political Code of Puerto Rico, domestic citizenship has been recognized[44] and was later recognized in the Constitution of Puerto Rico.[70][71] When women gained the right to vote in the United States in 1919, the Bureau of Insular Affairs confirmed that their new constitutional right did not extend to unincorporated territories.[72] The US Supreme Court confirmed in the Insular Cases that extension of the franchise was bound by the terms in the Foraker Act.[73] Puerto Rican suffragists and their supporters, led by women such as Isabel Andreu de Aguilar, Rosario Bellber, and Milagros Benet de Mewton, among others, introduced women's suffrage legislation in 1919, 1921, 1923, and 1927 without success.[74][75] De Mewton sued the Electoral Board in 1924 for refusing to allow her to register, but the Supreme Court of Puerto Rico ruled against her on the grounds that the legislature had the authority to determine who were eligible voters in the island.[76][77] Appealing to the United States legislature, suffragists pressed for federal legislation for the right to vote. When the US House introduced legislation in 1928, the Puerto Rican legislature agreed to review the issue. They passed a bill in 1929 to extend the franchise to women, limited to those who were literate.[78] Universal suffrage was finally granted in Puerto Rico in 1936.[79]

The constitution adopted in 1952 provided citizens of the Commonwealth with a bill of rights consistent with the US Constitution.[70] Acts of the Puerto Rican government must conform to federal requirements, but they are able to exercise self-governance in a manner similar to all states in the federal system.[80] In 1997, during his quest to divest himself of US nationality, Mari Brás attempted to redefine Puerto Rican citizenship and have it recognized as nationality.[81] In the case of Miriam J. Ramirez de Ferrer v. Juan Mari Brás (144 DPR 141, 1997) the Supreme Court of Puerto Rico reaffirmed that Puerto Rican citizenship existed, but that it existed in the context of a US nationality. The ruling confirmed that citizenship in the island was dependent on both US citizenship and residency in Puerto Rico.[82][81] The day prior to the ruling, Puerto Rico's Political Code had been amended with similar language.[83] Since the summer of 2007, the Puerto Rico State Department has developed a protocol to grant Puerto Rican citizenship certificates to Puerto Ricans.[84] Certificates of Puerto Rican citizenship are issued on request by the Puerto Rico State Department to confirm a person's citizenship status in Puerto Rico to any persons born on the island and subject to its jurisdiction, as well as to those born outside of the island that have at least one parent who was born on the island.[85]

Dual nationality edit

The official policy of the United States Government allows dual nationality and recognizes that it exists. The US government does not officially endorse a policy for multiple nationalities of its nationals.[86] On October 25, 2006, Mari Brás became the first person to receive a Certificate of Puerto Rican Citizenship from the Puerto Rico Department of State.[87] The Certificate of Puerto Rican Citizenship can be used to obtain dual nationality in Spain, as it is considered proof of Ibero-American heritage.[88] Under the Spanish statutes known as Organic Law 4/2000 and Royal Decree 557/2011, persons who have historic ties to Spain and can demonstrate their origin in an Ibero-American country can be naturalized without renouncing their previous nationality.[89]

See also edit

Notes edit

  1. ^ The Constitution of the United States establishes that rights flow from both national and state citizenship,[3] as does the Jones Act for Puerto Ricans.[4] Because federal law, including treaties, overrides other laws within its territorial limits only if those laws are incompatible with national statutes,[5][6] states historically have been able to grant or withhold rights for various categories of persons residing in their jurisdiction without abridging the Equal Protection Clause.[7] Until the 1960s, differences in legislation among various jurisdictions gave people extremely different civil rights depending upon where they resided.[8]

References edit

Citations edit

  1. ^ Villazor 2017, pp. 1707–1708.
  2. ^ Kerber 1997, p. 834.
  3. ^ a b Bickel 1973, p. 369.
  4. ^ Hein 2009, pp. 449–450.
  5. ^ Lapidus 1980, p. 252.
  6. ^ Vázquez 2008, pp. 622–625.
  7. ^ Ginsburg 1979, p. 162.
  8. ^ Carlson 2007, p. 262.
  9. ^ a b c d Hein 2009, pp. 426–427.
  10. ^ a b c d Venator-Santiago 2013, p. 16.
  11. ^ de Passalacqua 1990, p. 139.
  12. ^ Trías Monge 1997, p. vii.
  13. ^ Trías Monge 1997, pp. 8, 20.
  14. ^ a b Trías Monge 1997, p. 9.
  15. ^ de Passalacqua 1990, p. 141.
  16. ^ a b de Passalacqua 1990, p. 142.
  17. ^ a b Viñas Farré 2009, p. 288.
  18. ^ Trías Monge 1997, pp. 9–10.
  19. ^ Trías Monge 1997, p. 11.
  20. ^ a b c Criollo Oquero 2016.
  21. ^ Hein 2009, pp. 445.
  22. ^ Venator-Santiago 2017, p. 515.
  23. ^ Villazor 2017, p. 1676.
  24. ^ de Passalacqua 1990, p. 144.
  25. ^ a b de Passalacqua 1990, p. 145.
  26. ^ Hein 2009, p. 447.
  27. ^ Villazor 2017, p. 1691.
  28. ^ Revised Statutes 1902, p. xvii.
  29. ^ Figueroa-Torres 2008, p. 2.
  30. ^ a b Volpp 2005, p. 420.
  31. ^ Bredbenner 1998, p. 9.
  32. ^ Bredbenner 1998, p. 241.
  33. ^ Weare 2017, p. 149.
  34. ^ Hein 2009, p. 449.
  35. ^ a b Venator-Santiago 2013, p. 23.
  36. ^ a b c de Passalacqua 1990, p. 149.
  37. ^ Villazor 2017, pp. 1698, 1709.
  38. ^ Venator-Santiago 2013, pp. 14, 23.
  39. ^ a b Congressional Record 1942, p. 601.
  40. ^ Venator-Santiago 2013, pp. 22–23.
  41. ^ Venator-Santiago 2013, pp. 24–25.
  42. ^ de Passalacqua 1990, pp. 149–150.
  43. ^ Revised Statutes 1902, p. 303.
  44. ^ a b de Passalacqua 1990, p. 146.
  45. ^ a b c d Hein 2009, p. 448.
  46. ^ Venator-Santiago 2013, pp. 18–19.
  47. ^ Venator-Santiago 2017, p. 517.
  48. ^ de Passalacqua 1990, p. 147.
  49. ^ Cardona-Arroyo 2019, pp. 72–73.
  50. ^ Hein 2009, p. 450.
  51. ^ Hein 2009, pp. 450–451.
  52. ^ de Passalacqua 1990, p. 150.
  53. ^ Venator-Santiago 2013, p. 13.
  54. ^ Hein 2009, p. 454.
  55. ^ "Puerto Rico pays taxes. The US is obligated to help it just as much as Texas and Florida". Vox. October 4, 2017.
  56. ^ "Why Doesn't Puerto Rico Pay Federal Income Tax?". November 28, 2022.
  57. ^ Aleinikoff 1994, p. 21.
  58. ^ Charles R. Santiago Venator (January 1, 2001). "Race, Space and the Puerto Rican Citizenship". The Denver Law Review at digital commons. Retrieved August 27, 2022.
  59. ^ de Passalacqua 1990, pp. 153–154.
  60. ^ Colón Ocasio 2009, p. 37.
  61. ^ Kelly 1992, pp. 442–444.
  62. ^ Worster 2012, p. 2.
  63. ^ a b de Passalacqua 1997, p. 270.
  64. ^ Huot Calderon 1996, p. 337.
  65. ^ de Passalacqua 1997, p. 271.
  66. ^ Huot Calderon 1996, pp. 332–333.
  67. ^ Martin 1999, p. 22.
  68. ^ Font-Guzman & Aleman 2010, p. 133.
  69. ^ Nylund 2014, p. 223.
  70. ^ a b Aleinikoff 1994, p. 30.
  71. ^ SOLICITUD DE CERTIFICADO DE CIUDADANÍA DE PUERTO RICO
  72. ^ Clark 1975, p. 43.
  73. ^ Terborg-Penn 1998, p. 49.
  74. ^ Clark 1975, p. 42.
  75. ^ Rivera López 2016, pp. 537.
  76. ^ Rivera López 2016, pp. 525–526.
  77. ^ Rivera Lassén 2010, p. 43.
  78. ^ Clark 1975, pp. 43–45.
  79. ^ Roy-Féquière 2004, p. 75.
  80. ^ Aleinikoff 1994, p. 31.
  81. ^ a b Venator-Santiago 2001, p. 907.
  82. ^ Malavet 2010, pp. 242–243.
  83. ^ Malavet 2010, p. 243.
  84. ^ Acosta Pumarejo 2016, p. 112.
  85. ^ Acosta Pumarejo 2016, p. 114.
  86. ^ Kelly 1992, p. 445.
  87. ^ Diario Granma 2006.
  88. ^ Acosta Pumarejo 2016, p. 118.
  89. ^ Acosta Pumarejo 2016, p. 124.

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  • Terborg-Penn, Rosalyn (1998). "Enfranchising Women of Color: Woman Suffragists as Agents of Imperialism". In Pierson, Ruth Roach; Chaudhuri, Nupur; McAuley, Beth (eds.). Nation, Empire, Colony: Historicizing Gender and Race. Bloomington, Indiana: Indiana University Press. pp. 41–56. ISBN 0-253-11386-5.
  • Trías Monge, José (1997). Puerto Rico: The Trials of the Oldest Colony in the World. New Haven, Connecticut: Yale University Press. ISBN 0-300-07618-5.
  • Vázquez, Carlos Manuel (December 2008). "Treaties as Law of the Land: The Supremacy Clause and the Judicial Enforcement of Treaties". Harvard Law Review. 122 (2). Harvard Law School: 599–695. ISSN 0017-811X. JSTOR 40042748. OCLC 297394864. Retrieved March 17, 2021.
  • Venator-Santiago, Charles R. (2013). "Are Puerto Ricans Native-Born U.S. Citizens? The 1948 Pagán/Fernós-Isern Amendment" (PDF). Ámbito de encuentros. 6 (2). Carolina, Puerto Rico: Universidad del Este: 9–30. ISSN 1933-5342. (PDF) from the original on March 17, 2021. Retrieved March 17, 2021.
  • Venator-Santiago, Charles R. (2001). "Race, Space, and the Puerto Rican Citizenship". Denver University Law Review. 78 (4). Denver, Colorado: University of Denver Sturm College of Law: 907–920. ISSN 0011-8834. OCLC 199594995. Retrieved March 18, 2021 – via HeinOnline.
  • Venator-Santiago, Charles R. (March 2017). "US Territorial Citizenship Today: Four Interpretations". PS – Political Science & Politics. 50 (2). New York, New York: Cambridge University Press: 515–519. doi:10.1017/S1049096516003103. ISSN 1049-0965. OCLC 8271230316. S2CID 151942364. Retrieved March 12, 2021. – via Cambridge Core (subscription required)
  • Villazor, Rose Cuison (March 2017). "American Nationals and Interstitial Citizenship". Fordham Law Review. 85 (4). New York, New York: Fordham University School of Law: 1673–1724. ISSN 0015-704X. OCLC 8090930759. from the original on March 22, 2020. Retrieved March 9, 2021.
  • Viñas Farré, Ramón (2009). "Evolución del derecho de nacionalidad en España: continuidad y cambios más importantes [Evolution of the Right of Nationality in Spain: Continuity and Most Important Changes]". In López, F. J. (ed.). Cursos de derecho internacional y relaciones internacionales de Vitoria-Gasteiz [International Law and International Relations Courses in Vitoria-Gasteiz] (in Spanish). Bilbao, Biscay: Servicio Editorial Universidad del País Vasco. pp. 275–313. ISBN 978-84-9860-432-0.
  • Volpp, Leti (2005). "Divesting Citizenship: On Asian American History and the Loss of Citizenship through Marriage" (PDF). UCLA Law Review. 53 (2). Los Angeles, California: UCLA School of Law: 405–483. ISSN 0041-5650. OCLC 193654281.
  • Weare, Neil (Spring 2017). "Citizenship in U.S. Territories: Constitutional Right or Congressional Privilege?". Centro Journal. 29 (1). New York, New York: Centro de Estudios Puertorriqueños: 136–163. ISSN 1538-6279. OCLC 7107053144. SSRN 2927402. Retrieved March 9, 2021.
  • Worster, William Thomas (2012). "Renouncing U.S. Citizenship Through Expatriation". In Davis, Michael H.; Rizzo, Danielle M.; Vrapi, Olsi (eds.). The Consular Practice Handbook. Washington, D.C.: American Immigration Lawyers Association. ISBN 978-1-57370-308-6. SSRN 2429682.
  • Congressional Record: Proceedings and Debates of the 77th Congress, Second Session. Vol. 88, Part II: January 5, 1942 to December 16, 1942. Washington, D.C.: U.S. Government Printing Office. 1942.
  • "Juan Mari Bras, primero en recibir la ciudadanía puertorriqueña" [Juan Mari Bras, First to Receive Puerto Rican Citizenship]. Diario Granma (in Spanish). No. 299, Year 10. Havana, Cuba. EFE. October 26, 2006. Archived from the original on March 18, 2021. Retrieved March 18, 2021.
  • Revised Statutes and Codes of Porto Rico, Containing All Laws Passed at the First and Second Sessions of the Legislative Assembly, in Effect after July First, Nineteen Hundred And Two, Including the Political Code, the Penal Code, the Code of Criminal Procedure, the Civil Code. San Juan, Puerto Rico: Boletin Mercantil Press. 1902. OCLC 60410913.

External links edit

  •   Media related to Puerto Rican citizenship at Wikimedia Commons

puerto, rican, citizenship, nationality, puerto, rico, island, caribbean, region, which, inhabitants, were, spanish, nationals, from, 1508, until, spanish, american, 1898, from, which, point, they, derived, their, nationality, from, united, states, nationality. Puerto Rico is an island in the Caribbean region in which inhabitants were Spanish nationals from 1508 until the Spanish American War in 1898 from which point they derived their nationality from United States law Nationality is the legal means by which inhabitants acquire formal membership in a nation without regard to its governance type 1 In addition to being United States nationals persons are citizens of the United States and citizens of the Commonwealth of Puerto Rico within the context of United States Citizenship Miriam J Ramirez de Ferrer v Juan Mari Bras 144 DPR 141 1997 Citizenship the rights and obligations that each owes the other once one has become a member of a nation 2 Though the Constitution of the United States recognizes both national and state citizenship as a means of accessing rights 3 note 1 Puerto Rico s history as a territory has created both confusion over the status of its nationals and citizens and controversy because of distinctions between jurisdictions of the United States 9 10 These differences have created 9 what political scientist Charles R Venator Santiago has called separate and unequal statuses 10 Contents 1 History of nationality in Puerto Rico 1 1 Spanish period 1508 1898 1 2 United States period 1898 present 1 2 1 Establishing nationality for Puerto Rico 1898 1952 1 2 2 Establishing citizenship for Puerto Rico 1900 1952 2 Current system 2 1 Nationality acquisition and federal citizenship 2 2 Relinquishing United States nationality 2 3 Domestic citizenship 2 3 1 Dual nationality 3 See also 4 Notes 5 References 5 1 Citations 5 2 Bibliography 6 External linksHistory of nationality in Puerto Rico editSpanish period 1508 1898 edit nbsp Constitution of CadizPuerto Rico was a Spanish colony for four hundred years after Spain first established a settlement on the island in 1508 11 12 In accordance with the Laws of the Indies criollos persons born in the colonies had fewer rights than peninsulares those born in Spain 13 After a governmental reorganization and propagation of the first Spanish constitution the 1812 Constitution of Cadiz Puerto Ricans were defined as persons born on the island and their descendants 14 15 They were granted an equal status and representation in the Spanish Parliament Within two years the constitution was suspended and absolute monarchy returned along with the former unequal status based upon place of birth 14 A Royal Charter issued in 1816 invited foreigners to migrate to Puerto Rico to engage in professions and offered them an opportunity to become Spanish citizens upon request after establishing residency for five years 16 Foreigners who established a permanent residence in Puerto Rico were considered subjects neither Spanish nationals nor native born unless they chose to naturalize 17 The children born in Puerto Rico derived the status of their fathers If the father naturalized as Spanish the children were Spanish nationals and if the father retained his foreign nationality the children were foreign nationals 16 Instability in the Spanish Empire resulted in a lengthy period where the Constitution of Cadiz was reinstated and revoked several times leaving Puerto Rico without specific legal status for its inhabitants until 1873 when the Spanish Constitution of 1869 was extended to the island 18 This constitution abolished slavery in Puerto Rico and established a bill of rights for inhabitants It was short lived and ceased to be effective in 1874 with the restoration of the monarchy 19 The 1812 Constitution contained provisions for Spain to draft a Civil Code Numerous attempts were unsuccessful until a code was finally adopted in 1889 By royal decree on July 31 the Spanish Civil Code was extended to Cuba the Philippines and Puerto Rico coming into effect on January 1 1890 20 The provisions of the code in Article 22 required a married woman to derive her nationality from her husband 17 United States period 1898 present edit Establishing nationality for Puerto Rico 1898 1952 edit At the conclusion of the Spanish American War under terms of the 1898 Treaty of Paris the United States acquired control over Cuba Guam the Philippines and Puerto Rico 21 Prior to signature of the treaty all persons born in US possessions had been collectively naturalized by the United States Under the terms of the 1898 Treaty however possessions were deemed to be foreign localities and because no collective naturalization was provided persons living therein were not protected by the Citizenship Clause of the Fourteenth Amendment to the United States Constitution 22 The language created a new classification of non citizen US nationals which applied at the time to Cuba Guam the Philippines and Puerto Rico and was later extended to include American Samoa Guam and the Virgin Islands In essence until Congress chose to convey rights of citizenship inhabitants of possessions were not extended full constitutional rights but belonged to the United States 23 The lack of a collective naturalization clause created a situation which treated inhabitants differently based upon their origin Spanish nationals born in Spain could opt to remain Spanish by making a formal declaration within one year of the treaty in a court that they wished to retain their original nationality Failure to do so severed the tie to Spain if the person remained in Puerto Rico Foreigners remained foreign nationals Persons born in Puerto Rico automatically became US nationals but according to scholar John L A de Passalacqua had no citizenship whatsoever recognized under international law or even United States municipal law 24 In 1900 the US Congress passed the first Organic Act known as the Foraker Act to regulate the status of Puerto Rico and establish a civilian government 25 It created a legislature over which the US Congress retained authority to annul laws 26 and established that while Puerto Ricans were US nationals they were territorial citizens 27 US nationality applied only to those who had renounced Spanish nationality or were already US nationals residing in Puerto Rico It did not extend to foreigners or those born in Puerto Rico who were residing abroad 25 The Puerto Rican Civil Code as did other laws in force at the time remained applicable in accordance with terms of the Foraker Act 28 It was replaced in 1902 incorporating portions of the Louisiana Code 20 The Civil Code was revised again in 1930 with only slight modifications from the former version and contained provisions for the legal incapacitation of married women until revision in 1976 20 29 In 1934 amendments to the Cable Act which partially provided married women individual nationality were incorporated into the Equal Nationality Act 30 31 Women were allowed under the amendment for their children born abroad to derive their nationality 30 The 1934 Nationality Act also provided that Puerto Rican women who had been denationalized because of marriage prior to March 2 1917 the date upon which Puerto Ricans were extended US statutory citizenship had the option to repatriate 32 33 Amendments to the Jones Act that same year established that US collective naturalization was extended to all Puerto Ricans born after April 11 1899 and thereafter naturalization was acquired at birth 34 35 Minor changes were made to the Jones Act in 1940 extending US nationality to foreigners who had permanent residency in Puerto Rico 36 That year the Nationality Act of 1940 codified into a single federal statute various laws and decisions by the Supreme Court of the United States on nationality including the status of non citizen national clarifying that not all persons with allegiance to the United States were able to acquire the rights and responsibilities of citizenship 37 It also established the principle that after 1941 all Puerto Ricans acquired US nationality at birth in a similar manner to other US nationals no longer through naturalization 38 In 1942 a proposed amendment of 1940 Act passed the US House to address the provision with regard to Puerto Ricans for loss of nationality of naturalized persons 35 39 Initially US nationality had not been a birthright for islanders and under the Jones Act they were collectively naturalized A provision of the 1940 Act denationalized naturalized persons after five years continuous residency abroad but had no restriction on the length of foreign residence for birthright nationals To address this discrepancy the amendment proposed to exclude Puerto Ricans from loss of nationality because of residence abroad 40 It was referred to committee in the Senate and had no further action 39 The measure was reintroduced in 1943 and 1946 and was finally successful in exempting Puerto Ricans from denationalization in 1948 41 The US Immigration and Nationality Act of 1952 codified under Title 8 of the United States Code revised the wording concerning Puerto Ricans granting nationality to persons born in Puerto Rico on or after April 11 1899 and prior to January 13 1941 who had not been covered in previous legislation and thereafter to Puerto Ricans at birth It did not address the status of persons born prior to April 11 1899 42 Establishing citizenship for Puerto Rico 1900 1952 edit In 1900 the territorial legislature passed the Political Code of Puerto Rico which recognized as Puerto Rican citizens US nationals permanently living on the island and former Spanish nationals who had severed ties with Spain in language identical to the Foraker Act However it also contained the primary provision in Title II Section 10 that anyone born in Puerto Rico and subject to the jurisdiction thereof was a Puerto Rican citizen 43 44 The US Supreme Court ruled in the Insular Cases 1901 1922 that for unincorporated territories and insular possessions of the United States which were not on a path toward statehood the US Constitution did not necessarily apply 45 46 Specifically in Downes v Bidwell 182 U S 244 1901 the Supreme Court found that though Puerto Rico belonged to the United States it was not part of it constitutionally because it was inhabited by alien races differing from us in religion customs laws methods of taxation and modes of thought and therefore the administration of government and justice according to Anglo Saxon principles may for a time be impossible 45 In Gonzales v Williams 192 U S 1 1904 the Supreme Court affirmed that Puerto Ricans were not aliens or immigrants causing Congress to pass in 1906 special provisions for persons born in unincorporated territories to naturalize in the United States 45 47 In 1917 the Jones Shafroth Act established statutory rather than constitutional US citizenship upon US nationals of Puerto Rico and those who might have been absent from the territory at the time of US acquisition but who had now returned to the island 45 48 People who had renounced foreign nationality and were previously Puerto Rican under local law became stateless under the terms of the Jones Act 36 In 1922 the US Supreme Court clarified in the case of Balzac v Porto Rico 258 US 298 1922 that the full protection and rights of the US Constitution are not applicable to residents of Puerto Rico until they come to reside in the United States proper 49 Amendments to the Jones Act in 1927 extended naturalization with statutory citizenship to those who had been absent when it was enacted and those whom it had rendered stateless because of residency under previous Spanish law 36 In 1950 the US Congress passed Public Law 600 authorizing Puerto Rico to draft its own constitution to regulate its internal affairs 50 A local referendum was held to determine whether the government should be organized with a commonwealth status The Constitutional Convention of Puerto Rico established a constitution which had few differences between the relationship of Puerto Rico and the United States Parts of the Jones Act were repealed but the remainder ensured that the permanent association with the United States remained 51 Current system editNationality acquisition and federal citizenship edit By virtue of the various laws passed concerning Puerto Rican nationality and citizenship Puerto Ricans acquire nationality and federal citizenship by various means These include by birth in one of the fifty states or District of Columbia becoming naturalized under the terms of the Jones Act as it has been amended over time under provisions of the Nationality Act of 1940 and by having a parent who was Puerto Rican and held federal nationality or birth in Puerto Rico on or after April 11 1899 52 Likewise federal statutory citizenship has been acquired through the Jones Act and its various amendments through time 53 Despite possessing federal statutory citizenship residents of Puerto Rico have no representation in the US Congress are unable to vote in the Electoral College and do not have full protection under the US Constitution until they come to reside in a U S state 54 Though all residents of Puerto Rico pay some federal taxes 55 56 there is less federal assistance available to island citizens through programs like Temporary Assistance for Needy Families Medicaid and Supplemental Security Income 57 Puerto Rico s history as a territory has created both confusion over the status of its nationals and citizenship and controversy because of distinctions between jurisdictions of the United States 9 10 These differences have created 9 what political scientist Charles R Venator Santiago has called separate and unequal statuses 10 and in an ambiguous liminal status 58 Relinquishing United States nationality edit United States citizens are allowed to give up their nationality and citizenship if the act is voluntary and intentional 59 Over time 287 residents of Puerto Rico have formally renounced their nationality 60 Since 1990 the US State Department presumes no intention to give up nationality even when a person has performed a potentially expatriating act 61 Renunciation requires making a formal declaration which is sworn before a designated authority in the United States during a time of war or abroad at any time to a consular officer attending an interview and counseling session payment of a fee and signing requisite documents 62 In 1994 Juan Mari Bras flew to Venezuela and renounced his US nationality in an attempt to rid himself from what he saw as the colonialism inherent in Puerto Ricans being considered U S nationals 63 64 In 1995 he was issued a Certificate of Loss of Nationality by the State Department 63 In 1996 the Secretary of Justice issued clarification on the matter to the Governor of Puerto Rico confirming that nationality in a sovereign state is not the same as state or territorial citizenship Further because Puerto Rico falls under the sovereignty of the United States renunciation of his nationality left him stateless and it would require a decision of the US Immigration and Naturalization Service as to whether he could obtain a visa to remain in Puerto Rico after renunciation 65 In the US District Court for the District of Columbia a decision in Davis v District Director 481 F Supp 1178 D D C 1979 determined that renunciation of US nationality rendered the person an alien without right to remain in the country without a valid visa 66 The same district court upheld similar findings in Colon v U S Department of State 2 F Supp 2d 43 D D C 1998 ruling that US nationality cannot be renounced if it is the intent of a petitioner to reside in Puerto Rico and allege that they can do so because they have Puerto Rican citizenship 67 68 Shortly thereafter because Mari Bras wished to remain in Puerto Rico the State Department reversed its decision to accept his renunciation 69 Domestic citizenship edit Further information Subnational citizenship nbsp nbsp Puerto Rican suffragists Isabel Andreu de Aguilar left and Milagros Benet de Mewton right Since 1900 with the establishment of the territorial legislature under the terms of the Foraker Act and development of the Political Code of Puerto Rico domestic citizenship has been recognized 44 and was later recognized in the Constitution of Puerto Rico 70 71 When women gained the right to vote in the United States in 1919 the Bureau of Insular Affairs confirmed that their new constitutional right did not extend to unincorporated territories 72 The US Supreme Court confirmed in the Insular Cases that extension of the franchise was bound by the terms in the Foraker Act 73 Puerto Rican suffragists and their supporters led by women such as Isabel Andreu de Aguilar Rosario Bellber and Milagros Benet de Mewton among others introduced women s suffrage legislation in 1919 1921 1923 and 1927 without success 74 75 De Mewton sued the Electoral Board in 1924 for refusing to allow her to register but the Supreme Court of Puerto Rico ruled against her on the grounds that the legislature had the authority to determine who were eligible voters in the island 76 77 Appealing to the United States legislature suffragists pressed for federal legislation for the right to vote When the US House introduced legislation in 1928 the Puerto Rican legislature agreed to review the issue They passed a bill in 1929 to extend the franchise to women limited to those who were literate 78 Universal suffrage was finally granted in Puerto Rico in 1936 79 The constitution adopted in 1952 provided citizens of the Commonwealth with a bill of rights consistent with the US Constitution 70 Acts of the Puerto Rican government must conform to federal requirements but they are able to exercise self governance in a manner similar to all states in the federal system 80 In 1997 during his quest to divest himself of US nationality Mari Bras attempted to redefine Puerto Rican citizenship and have it recognized as nationality 81 In the case of Miriam J Ramirez de Ferrer v Juan Mari Bras 144 DPR 141 1997 the Supreme Court of Puerto Rico reaffirmed that Puerto Rican citizenship existed but that it existed in the context of a US nationality The ruling confirmed that citizenship in the island was dependent on both US citizenship and residency in Puerto Rico 82 81 The day prior to the ruling Puerto Rico s Political Code had been amended with similar language 83 Since the summer of 2007 the Puerto Rico State Department has developed a protocol to grant Puerto Rican citizenship certificates to Puerto Ricans 84 Certificates of Puerto Rican citizenship are issued on request by the Puerto Rico State Department to confirm a person s citizenship status in Puerto Rico to any persons born on the island and subject to its jurisdiction as well as to those born outside of the island that have at least one parent who was born on the island 85 Dual nationality edit The official policy of the United States Government allows dual nationality and recognizes that it exists The US government does not officially endorse a policy for multiple nationalities of its nationals 86 On October 25 2006 Mari Bras became the first person to receive a Certificate of Puerto Rican Citizenship from the Puerto Rico Department of State 87 The Certificate of Puerto Rican Citizenship can be used to obtain dual nationality in Spain as it is considered proof of Ibero American heritage 88 Under the Spanish statutes known as Organic Law 4 2000 and Royal Decree 557 2011 persons who have historic ties to Spain and can demonstrate their origin in an Ibero American country can be naturalized without renouncing their previous nationality 89 nbsp Application form for theCertificate of Puerto Rican Citizenship nbsp Reverse side of the application form for theCertificate of Puerto Rican CitizenshipSee also edit nbsp Puerto Rico portal nbsp Law portalSantori v United States Demographics of Puerto Rico Independence movement in Puerto Rico Statehood movement in Puerto RicoNotes edit The Constitution of the United States establishes that rights flow from both national and state citizenship 3 as does the Jones Act for Puerto Ricans 4 Because federal law including treaties overrides other laws within its territorial limits only if those laws are incompatible with national statutes 5 6 states historically have been able to grant or withhold rights for various categories of persons residing in their jurisdiction without abridging the Equal Protection Clause 7 Until the 1960s differences in legislation among various jurisdictions gave people extremely different civil rights depending upon where they resided 8 References editCitations edit Villazor 2017 pp 1707 1708 Kerber 1997 p 834 a b Bickel 1973 p 369 Hein 2009 pp 449 450 Lapidus 1980 p 252 Vazquez 2008 pp 622 625 Ginsburg 1979 p 162 Carlson 2007 p 262 a b c d Hein 2009 pp 426 427 a b c d Venator Santiago 2013 p 16 de Passalacqua 1990 p 139 Trias Monge 1997 p vii Trias Monge 1997 pp 8 20 a b Trias Monge 1997 p 9 de Passalacqua 1990 p 141 a b de Passalacqua 1990 p 142 a b Vinas Farre 2009 p 288 Trias Monge 1997 pp 9 10 Trias Monge 1997 p 11 a b c Criollo Oquero 2016 Hein 2009 pp 445 Venator Santiago 2017 p 515 Villazor 2017 p 1676 de Passalacqua 1990 p 144 a b de Passalacqua 1990 p 145 Hein 2009 p 447 Villazor 2017 p 1691 Revised Statutes 1902 p xvii Figueroa Torres 2008 p 2 a b Volpp 2005 p 420 Bredbenner 1998 p 9 Bredbenner 1998 p 241 Weare 2017 p 149 Hein 2009 p 449 a b Venator Santiago 2013 p 23 a b c de Passalacqua 1990 p 149 Villazor 2017 pp 1698 1709 Venator Santiago 2013 pp 14 23 a b Congressional Record 1942 p 601 Venator Santiago 2013 pp 22 23 Venator Santiago 2013 pp 24 25 de Passalacqua 1990 pp 149 150 Revised Statutes 1902 p 303 a b de Passalacqua 1990 p 146 a b c d Hein 2009 p 448 Venator Santiago 2013 pp 18 19 Venator Santiago 2017 p 517 de Passalacqua 1990 p 147 Cardona Arroyo 2019 pp 72 73 Hein 2009 p 450 Hein 2009 pp 450 451 de Passalacqua 1990 p 150 Venator Santiago 2013 p 13 Hein 2009 p 454 Puerto Rico pays taxes The US is obligated to help it just as much as Texas and Florida Vox October 4 2017 Why Doesn t Puerto Rico Pay Federal Income Tax November 28 2022 Aleinikoff 1994 p 21 Charles R Santiago Venator January 1 2001 Race Space and the Puerto Rican Citizenship The Denver Law Review at digital commons Retrieved August 27 2022 de Passalacqua 1990 pp 153 154 Colon Ocasio 2009 p 37 Kelly 1992 pp 442 444 Worster 2012 p 2 a b de Passalacqua 1997 p 270 Huot Calderon 1996 p 337 de Passalacqua 1997 p 271 Huot Calderon 1996 pp 332 333 Martin 1999 p 22 Font Guzman amp Aleman 2010 p 133 Nylund 2014 p 223 a b Aleinikoff 1994 p 30 SOLICITUD DE CERTIFICADO DE CIUDADANIA DE PUERTO RICO Clark 1975 p 43 Terborg Penn 1998 p 49 Clark 1975 p 42 Rivera Lopez 2016 pp 537 Rivera Lopez 2016 pp 525 526 Rivera Lassen 2010 p 43 Clark 1975 pp 43 45 Roy Fequiere 2004 p 75 Aleinikoff 1994 p 31 a b Venator Santiago 2001 p 907 Malavet 2010 pp 242 243 Malavet 2010 p 243 Acosta Pumarejo 2016 p 112 Acosta Pumarejo 2016 p 114 Kelly 1992 p 445 Diario Granma 2006 Acosta Pumarejo 2016 p 118 Acosta Pumarejo 2016 p 124 Bibliography edit Acosta Pumarejo Enrique 2016 Eficacia Juridica acerca del Certificado de Ciudadania Puertorriquena Legal Efficacy About the Puerto Rican Citizenship Certificate In Barbosa da Silva Junior Dinaldo ed Propuestas de derecho para cuestiones juridicas universaleswas Law Proposals for Universal Legal Issues in Spanish 1ª Edicao ed Rio de Janeiro Editora Autografia pp 111 130 ISBN 978 85 5526 630 0 Retrieved March 18 2021 Aleinikoff T Alexander Winter 1994 Puerto Rico and the Constitution Conundrums and Prospects PDF Constitutional Commentary 11 1 Minneapolis Minnesota University of Minnesota Law School 15 43 ISSN 0742 7115 Archived PDF from the original on March 18 2021 Retrieved March 18 2021 Bickel Alexander M 1973 Citizenship in the American Constitution PDF Arizona Law Review 15 2 Tucson Arizona James E Rogers College of Law 369 387 ISSN 0004 153X Archived PDF from the original on March 7 2021 Retrieved March 7 2021 Bredbenner Candice Lewis 1998 A Nationality of Her Own Women Marriage and the Law of Citizenship Berkeley California University of California Press ISBN 978 0 520 20650 2 Cardona Arroyo Aileen 2019 Balzac v Porto sic Rico In Lavariega Monforti Jessica L ed Latinos in the American Political System An Encyclopedia of Latinos as Voters Candidates and Office Holders 2 volumes Santa Barbara California ABC CLIO pp 72 73 ISBN 978 1 4408 5347 0 Carlson Laura 2007 Searching for Equality Sex Discrimination Parental Leave and the Swedish Model with Comparisons to EU UK and US Law Uppsala Sweden Iustus Forlag ISBN 978 91 7678 646 8 Prior to the passage of the federal acts in the 1960s the legislative variations permissible historically with respect to women s rights under the American federal system initially led to extremely different rights for women depending upon their state of residence Clark Truman R 1975 Puerto Rico and the United States 1917 1933 Pittsburgh Pennsylvania University of Pittsburgh Press ISBN 978 0 8229 7605 9 Colon Ocasio Roberto 2009 Antonio Fernos Isern soberanista Luis Munoz Marin autonomista divergencias ideologicas y su efecto en el desarrollo del Estado Libre Asociado de Puerto Rico Antonio Fernos Isern Sovereignist Luis Munoz Marin Autonomist Ideological Divergences and Their Effect on the Development of the Commonwealth of Puerto Rico in Spanish San Juan Puerto Rico Fundacion Educativa Antonio Fernos Isern ISBN 978 1 934461 66 2 Criollo Oquero Agustin November 22 2016 Breve historia del Codigo Civil de Puerto Rico Brief History of the Civil Code of Puerto Rico Caribbean Business in Spanish San Juan Puerto Rico Archived from the original on March 14 2021 de Passalacqua John L A Fall 1990 The Involuntary Loss of United States Citizenship of Puerto Ricans upon Accession to Independence by Puerto Rico PDF Denver Journal of International Law amp Policy 19 1 Denver Colorado University of Denver College of Law 139 161 ISSN 0196 2035 Archived PDF from the original on March 14 2021 de Passalacqua John L A 1997 Voluntary Renunciation of United States Citizenship by Puerto Rican Nationals Revista Juridica de la Universidad de Puerto Rico 66 2 Rio Piedras Puerto Rico University of Puerto Rico School of Law 269 304 ISSN 0886 2516 via HeinOnline Figueroa Torres Marta May 2008 Recodification of Civil Law in Puerto Rico A Quixotic Pursuit of the Civil Code for the New Millennium PDF Electronic Journal of Comparative Law 12 1 Tilburg Netherlands Tilburg University Faculty of Law 1 19 ISSN 1387 3091 OCLC 785897714 Archived PDF from the original on July 28 2020 Retrieved March 15 2021 Font Guzman Jacqueline N Aleman Yanira Spring 2010 Human Rights Violations in Puerto Rico Agency from the Margins Journal of Law amp Social Challenge 12 San Francisco California University of San Francisco School of Law 107 149 ISSN 1520 0159 Retrieved March 17 2021 via HeinOnline Ginsburg Ruth Bader January 1979 Sexual Equality Under the Fourteenth and Equal Rights Amendments Washington University Law Review 1 St Louis Missouri Washington University School of Law 161 178 ISSN 2166 7993 OCLC 8092712430 Archived from the original on December 6 2020 Retrieved March 6 2021 Hein John R January 2009 Born in the U S A But Not Natural Born How Congressional Territorial Policy Bars Native Born Puerto Ricans from the Presidency University of Pennsylvania Journal of Constitutional Law 11 2 Philadelphia Pennsylvania University of Pennsylvania Law School 423 457 ISSN 1521 2823 OCLC 8092055580 Archived from the original on September 4 2020 Retrieved March 9 2021 Huot Calderon Eugenio J May August 1996 The Concept of Puerto Rican Citizenship Revista de Derecho Puertorriqueno 35 2 Ponce Puerto Rico Pontifical Catholic University of Puerto Rico School of Law 321 346 ISSN 0034 7930 Retrieved March 17 2021 via HeinOnline Kelly H Ansgar January 1992 Dual Nationality the Myth of Election and a Kinder Gentler State Department University of Miami Inter American Law Review 23 2 Coral Gables Florida University of Miami School of Law 421 464 ISSN 0884 1756 OCLC 8092081763 Archived from the original on September 21 2020 Retrieved March 13 2021 Kerber Linda K December 1997 The Meanings of Citizenship The Journal of American History 84 3 Bloomington Indiana Oxford University Press for the Organization of American Historians 833 854 doi 10 2307 2953082 ISSN 0021 8723 JSTOR 2953082 OCLC 6911243298 Retrieved March 18 2021 Lapidus Leonard 1980 State and Federal Regulation of Commercial Banks Washington D C Federal Deposit Insurance Corporation Malavet Pedro A Fall 2010 The Inconvenience of a Constitution that Follows the Flag But Doesn t Quite Catch Up with It From Downes v Bidwell to Boumediene v Bush Mississippi Law Journal 80 1 Oxford Mississippi University of Mississippi School of Law 181 258 ISSN 0026 6280 OCLC 7375035853 Retrieved March 18 2021 via HeinOnline Martin David A Fall 1999 New Rules on Dual Nationality for a Democratizing Globe Between Rejection and Embrace Georgetown Immigration Law Journal 14 1 Washington D C Georgetown University Law Center 1 34 ISSN 0891 4370 OCLC 772688926 Retrieved March 17 2021 via HeinOnline Nylund Katharine January 2014 The Indignity of a False Citizenship Self Induced Statelessness in Puerto Rico Tilburg Law Review 19 1 2 Leiden Netherlands Brill Publishers 223 235 doi 10 1163 22112596 01902022 ISSN 2211 0046 OCLC 5529140651 Rivera Lassen Ana Irma May 2010 Del dicho al derecho hay un gran trecho o el derecho a tener derechos decisiones del tribunal supremo de Puerto Rico ante los derechos de las mujeres y de las comunidades LGBTTI There Is a Huge Gap from Saying There Are Rights or the Right to Have Rights Decisions of the Supreme Court of Puerto Rico Regarding the Rights of Women and LGBTTI Communities PDF Revista Juridica UIPR in Spanish 44 1 San German Puerto Rico Interamerican University of Puerto Rico 39 70 ISSN 0041 851X Archived from the original PDF on November 15 2019 Retrieved November 18 2019 Rivera Lopez Lizbeth L 2016 Las aportaciones sociales y periodisticas de las mujeres en Puerto Rico desde la llegada de la imprenta en los primeros anos del siglo XIX hasta el primer tercio del siglo XX The Social and Journalistic Contributions of Women in Puerto Rico From the Arrival of the Printing Press in the First Years of the 19th Century until the First Third of the 20th Century PDF PhD Madrid Spain Universidad Complutense de Madrid Archived from the original PDF on November 15 2019 Retrieved November 17 2019 Roy Fequiere Magali 2004 Women Creole Identity and Intellectual Life in Early Twentieth century Puerto Rico Philadelphia Pennsylvania Temple University Press ISBN 978 1 59213 231 7 Terborg Penn Rosalyn 1998 Enfranchising Women of Color Woman Suffragists as Agents of Imperialism In Pierson Ruth Roach Chaudhuri Nupur McAuley Beth eds Nation Empire Colony Historicizing Gender and Race Bloomington Indiana Indiana University Press pp 41 56 ISBN 0 253 11386 5 Trias Monge Jose 1997 Puerto Rico The Trials of the Oldest Colony in the World New Haven Connecticut Yale University Press ISBN 0 300 07618 5 Vazquez Carlos Manuel December 2008 Treaties as Law of the Land The Supremacy Clause and the Judicial Enforcement of Treaties Harvard Law Review 122 2 Harvard Law School 599 695 ISSN 0017 811X JSTOR 40042748 OCLC 297394864 Retrieved March 17 2021 Venator Santiago Charles R 2013 Are Puerto Ricans Native Born U S Citizens The 1948 Pagan Fernos Isern Amendment PDF Ambito de encuentros 6 2 Carolina Puerto Rico Universidad del Este 9 30 ISSN 1933 5342 Archived PDF from the original on March 17 2021 Retrieved March 17 2021 Venator Santiago Charles R 2001 Race Space and the Puerto Rican Citizenship Denver University Law Review 78 4 Denver Colorado University of Denver Sturm College of Law 907 920 ISSN 0011 8834 OCLC 199594995 Retrieved March 18 2021 via HeinOnline Venator Santiago Charles R March 2017 US Territorial Citizenship Today Four Interpretations PS Political Science amp Politics 50 2 New York New York Cambridge University Press 515 519 doi 10 1017 S1049096516003103 ISSN 1049 0965 OCLC 8271230316 S2CID 151942364 Retrieved March 12 2021 via Cambridge Core subscription required Villazor Rose Cuison March 2017 American Nationals and Interstitial Citizenship Fordham Law Review 85 4 New York New York Fordham University School of Law 1673 1724 ISSN 0015 704X OCLC 8090930759 Archived from the original on March 22 2020 Retrieved March 9 2021 Vinas Farre Ramon 2009 Evolucion del derecho de nacionalidad en Espana continuidad y cambios mas importantes Evolution of the Right of Nationality in Spain Continuity and Most Important Changes In Lopez F J ed Cursos de derecho internacional y relaciones internacionales de Vitoria Gasteiz International Law and International Relations Courses in Vitoria Gasteiz in Spanish Bilbao Biscay Servicio Editorial Universidad del Pais Vasco pp 275 313 ISBN 978 84 9860 432 0 Volpp Leti 2005 Divesting Citizenship On Asian American History and the Loss of Citizenship through Marriage PDF UCLA Law Review 53 2 Los Angeles California UCLA School of Law 405 483 ISSN 0041 5650 OCLC 193654281 Weare Neil Spring 2017 Citizenship in U S Territories Constitutional Right or Congressional Privilege Centro Journal 29 1 New York New York Centro de Estudios Puertorriquenos 136 163 ISSN 1538 6279 OCLC 7107053144 SSRN 2927402 Retrieved March 9 2021 Worster William Thomas 2012 Renouncing U S Citizenship Through Expatriation In Davis Michael H Rizzo Danielle M Vrapi Olsi eds The Consular Practice Handbook Washington D C American Immigration Lawyers Association ISBN 978 1 57370 308 6 SSRN 2429682 Congressional Record Proceedings and Debates of the 77th Congress Second Session Vol 88 Part II January 5 1942 to December 16 1942 Washington D C U S Government Printing Office 1942 Juan Mari Bras primero en recibir la ciudadania puertorriquena Juan Mari Bras First to Receive Puerto Rican Citizenship Diario Granma in Spanish No 299 Year 10 Havana Cuba EFE October 26 2006 Archived from the original on March 18 2021 Retrieved March 18 2021 Revised Statutes and Codes of Porto Rico Containing All Laws Passed at the First and Second Sessions of the Legislative Assembly in Effect after July First Nineteen Hundred And Two Including the Political Code the Penal Code the Code of Criminal Procedure the Civil Code San Juan Puerto Rico Boletin Mercantil Press 1902 OCLC 60410913 External links edit nbsp Media related to Puerto Rican citizenship at Wikimedia Commons Retrieved from https en wikipedia org w index php title Puerto Rican citizenship and nationality amp oldid 1205502145, wikipedia, wiki, book, books, library,

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