Rep. Morgan Griffith has introduced a bill he calls the “End Birthright Citizenship in the Territories” bill. If it becomes law, it would change the Nationality Act of 1940 by specifying that people born in Puerto Rico from 1941 to 2026 would have birthright citizenship.
At the end of the bill, there’s a paragraph saying that this would not apply to babies born to U.S. citizens or legal permanent residents. That language won’t show up in the Nationality Act. It would, however, be part of the “End Birthright Citizenship in the Territories” bill if it passes.
President Trump tried to limit birthright citizenship across the nation in this way, but the Supreme Court, in a case called Barbara vs. Trump, said it would be unconstitutional to do this. Under the 14th Amendment to the Constitution, birthright citizenship is guaranteed for people born in states.
What’s the goal?
Griffith says in his weekly newsletter, “The Barbara case leaves the door open for Congressional action on citizenship in the American territories. I am leading a bill to crack down on abuse of birthright citizenship in the territories. This bill should stop the so-called ‘birth tourism’ that is taking place in the American territories.”
He explains that, since U.S. citizenship in the territories falls under laws made in Congress, not under the Constitution, Congress can change those laws. This is true. Congress can make changes to U.S. citizenship in Puerto Rico because Puerto Ricans have statutory citizenship, not citizenship guaranteed under the Constitution. .
And he wants to end “birth tourism.” This is the practice of entering Puerto Rico while pregnant specifically in order to have a baby who will have U.S. citizenship. He also wants to “combat foreign nationals who are seeking citizenship in the United States territories.” Many observers understand this to mean illegal aliens, as we see in the social media discussion below.
In fact, the law would also apply to people in Puerto Rico legally to work or study on appropriate visas.
But for many commenters, this bill is a solution to a problem.
Another point of view
Another viewpoint we can see in social media is that ending birthright citizenship in the territories is just more unfairness toward the territories. The bill would change the Nationality Act to erase birthright citizenship in Puerto Rico. There’s a paragraph at the end of the bill saying that it wouldn’t apply to citizens or permanent residents. However, the bill doesn’t call for changes in the Nationality Act to say that. The bill also could be amended to remove that final paragraph. For many observers, this is Congress proving that they don’t respect U.S. citizenship in the territories.
As we can see in the screenshot above, different people have different reactions.
What can we be sure of?
Here are some other things we see in social media and hear in discussions about citizenship:
- There’s only one kind of citizenship; Puerto Ricans have the same rights as other U.S. citizens.
- An independent Republic of Puerto Rico could keep U.S. citizenship, because Congress would not change the law on citizenship.
- Puerto Rico is not a mere territory; we have the best of both worlds and a unique citizenship.
Griffith’s bill makes it clear that Congress disagrees. They remember that Puerto Rico has statutory citizenship, not protected by the Constitution. They know that Congress can change laws on citizenship in the territories, and they’re willing to do it. They also include Puerto Rico, the most populous of all the U.S. territories, along with the other in habited territories. In this bill, they make no distinction.
This bill probably won’t become law, but it should make you think twice if you are toying with separatist ideas about Puerto Rico. Under statehood, U.S. citizenship is guaranteed and protected. Under territory status (ELA) or independence (including free association), Congress can and probably will cancel U.S. citizenship for Puerto Ricans.
Make sure you understand this. Share this information with your friends and family. And reach out to your legislators. Statehood is the only way to secure U.S. citizenship and equal rights for Puerto Rico.
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