Citizenship and US Immigration: Week One Lecture Four ...
Citizenship and U.S. Immigration: Week One
Lecture Four: Status of Persons Born in U.S. Territories and Possessions
Elk v. Wilkins (1884) • “Members of, and owing immediate allegiance to, one of the Indian tribes, although in a geographical sense born in the United States, are no more “born in the United States, and subject to the jurisdiction thereof,” within the meaning of the first section of the fourteenth amendment, than the children of subjects of any foreign government born within the domain of that government, or the children born within the United States of ambassadors or other public ministers of foreign nations.”
US Territories and Possessions • American Samoa, Guam, Northern Mariana Islands, Puerto Rico, U.S. Virgin Islands, “Minor Outlying Islands” (9) • Which persons born in a US territory are “citizens” and which are “nationals”? – See INA sections 302-308.
The “Insular Cases” • These are a series of U.S. Supreme Court cases in the early twentieth century. • Essentially, the Supreme Court said that full constitutional rights do not automatically extend to all areas under American control. • Territories and possessions must be “incorporated” into the United States (i.e., statehood) for full constitutional rights to apply. • Congress determines rights, responsibilities, and citizenship or nationality for territories and possessions.
Puerto Rico And U.S. Citizenship
Puerto Rican Citizenship • In 1900, Congress enacted the Foraker Act, which replaced the governing military regime in Puerto Rico with a civil form of government. • Section VII of this act created a Puerto Rican citizenship for the residents "born in Puerto Rico and, therefore, subject to its jurisdiction". • The Puerto Rican citizenship replaced the Spanish citizenship that Puerto Ricans held at the time of the American invasion in 1898.
Puerto Rican Citizenship • In1917, Congress granted collective United States citizenship to Puerto Ricans without rescinding their Puerto Rican citizenship. • In 1922, the U.S. Supreme court ruled that the full protection and rights of the U.S constitution do not apply to residents of Puerto Rico until they come to reside in one of the (now fifty) U.S. states.
Puerto Rican Citizenship • Constitutionally, Puerto Rico is subject to the Congress's plenary powers under the territorial clause of Article IV, sec. 3, of the U.S. Constitution. • U.S. federal law applies to Puerto Rico, even though Puerto Rico is not a state of the American Union and their residents have no voting representation in the U.S. Congress. • Puerto Ricans may freely travel to and reside in the United States, and if they establish residency possess full constitutional rights, including the right to vote.
The Meaning of “Natural Born Citizen” for Eligibility for President • Article II of the U.S. Constitution states that the President must be a “natural born” citizen. • Not defined in the Constitution or by the US Supreme Court. • There have been many candidates for President who were born abroad to U.S. citizen parents. E.g., John McCain.
Lecture Four: Status of Persons Born in U.S. Territories and Possessions
Elk v. Wilkins (1884) • “Members of, and owing immediate allegiance to, one of the Indian tribes, although in a geographical sense born in the United States, are no more “born in the United States, and subject to the jurisdiction thereof,” within the meaning of the first section of the fourteenth amendment, than the children of subjects of any foreign government born within the domain of that government, or the children born within the United States of ambassadors or other public ministers of foreign nations.”
US Territories and Possessions • American Samoa, Guam, Northern Mariana Islands, Puerto Rico, U.S. Virgin Islands, “Minor Outlying Islands” (9) • Which persons born in a US territory are “citizens” and which are “nationals”? – See INA sections 302-308.
The “Insular Cases” • These are a series of U.S. Supreme Court cases in the early twentieth century. • Essentially, the Supreme Court said that full constitutional rights do not automatically extend to all areas under American control. • Territories and possessions must be “incorporated” into the United States (i.e., statehood) for full constitutional rights to apply. • Congress determines rights, responsibilities, and citizenship or nationality for territories and possessions.
Puerto Rico And U.S. Citizenship
Puerto Rican Citizenship • In 1900, Congress enacted the Foraker Act, which replaced the governing military regime in Puerto Rico with a civil form of government. • Section VII of this act created a Puerto Rican citizenship for the residents "born in Puerto Rico and, therefore, subject to its jurisdiction". • The Puerto Rican citizenship replaced the Spanish citizenship that Puerto Ricans held at the time of the American invasion in 1898.
Puerto Rican Citizenship • In1917, Congress granted collective United States citizenship to Puerto Ricans without rescinding their Puerto Rican citizenship. • In 1922, the U.S. Supreme court ruled that the full protection and rights of the U.S constitution do not apply to residents of Puerto Rico until they come to reside in one of the (now fifty) U.S. states.
Puerto Rican Citizenship • Constitutionally, Puerto Rico is subject to the Congress's plenary powers under the territorial clause of Article IV, sec. 3, of the U.S. Constitution. • U.S. federal law applies to Puerto Rico, even though Puerto Rico is not a state of the American Union and their residents have no voting representation in the U.S. Congress. • Puerto Ricans may freely travel to and reside in the United States, and if they establish residency possess full constitutional rights, including the right to vote.
The Meaning of “Natural Born Citizen” for Eligibility for President • Article II of the U.S. Constitution states that the President must be a “natural born” citizen. • Not defined in the Constitution or by the US Supreme Court. • There have been many candidates for President who were born abroad to U.S. citizen parents. E.g., John McCain.
