The birthright citizenship case affects Puerto Rico, too

Since 1898, Puerto Rico’s status within the American constitutional system has been ambiguous — it is neither a state nor an independent country, but a territory under Congress’s full authority. This unresolved situation has led to ongoing legal and political contradictions, now more evident in national discussions about birthright citizenship.

At the core of that debate is the Fourteenth Amendment, which grants citizenship to anyone born “in the United States, and subject to the jurisdiction thereof.” For more than 150 years, this clause has defined American citizenship. However, Puerto Rico does not align perfectly with this framework. Puerto Ricans primarily obtain citizenship under federal law — specifically the Jones-Shafroth Act of 1917 — rather than directly from the Constitution.

This distinction goes beyond technical differences; it reveals a fundamental constitutional inconsistency. Puerto Rico is considered part of the U.S. for certain purposes but it does not fully participate in its constitutional framework. As policymakers reconsider the scope of birthright citizenship, Puerto Rico exemplifies how territorial ambiguity can obscure constitutional lines and complicate national policy.

Puerto Rico’s political status is key to this discussion. Independence, for example, implies restrictions on automatic birthright citizenship. If Puerto Rico gains sovereignty, U.S. citizenship will not automatically extend to those born on the island unless it is inherited from a U.S. citizen parent. Instead, Puerto Rican citizenship would be regulated by Puerto Rican law and bilateral agreements with Washington.

This change would decrease the geographic extent of birthright citizenship under U.S. law. Children born in Puerto Rico would no longer automatically........

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