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Puerto Rico: What Other Americans Should Know

The wreckage from Hurricane Maria in Arecibo, P.R., on Saturday. Many Americans don’t realize that Puerto Ricans are also citizens.Credit...Victor J. Blue for The New York Times

Hurricane Maria devastated Puerto Rico. The island has no electricity, and may not for months to come. Much of the water is undrinkable. About 80 percent of crop value is gone, a loss of $780 million.

More than 3.4 million people live in Puerto Rico, yet the political and popular response to the catastrophe has been far more muted than the response to the devastation in Houston from Hurricane Harvey or that in Florida from Hurricane Irma. This may be because, according to a new poll, only a slim majority of Americans realize Puerto Ricans are Americans, too.

Here are answers to some questions you might have about Puerto Rico’s place in the United States.

Yes. Under Section 302 of the Immigration and Nationality Act, people born in Puerto Rico have the same birthright American citizenship as people born in the 50 states. (Puerto Ricans born from April 11, 1899, to Jan. 13, 1941, became citizens when the act was passed.)

Gov. Ricardo A. Rosselló of Puerto Rico emphasized this on Monday, pleading for federal aid.

“Puerto Rico, which is part of the United States, can turn into a humanitarian crisis,” he said. “To avoid that, recognize that we Puerto Ricans are American citizens. When we speak of a catastrophe, everyone must be treated equally.”

You might think so, given that they are citizens, but on the biggest stage, the answer is no. Puerto Rico has no representation in the Electoral College, so its people cannot vote in general presidential elections unless they establish residency in one of the 50 states. It does, however, have a say in presidential nominations: Last year, Marco Rubio won the Republican primary there, and Hillary Clinton won the Democratic primary.

Puerto Rico is a commonwealth of the United States. This is the same legal status held by the Northern Mariana Islands, and confers similar rights to those of unincorporated territories like Guam and the United States Virgin Islands.

What this means in practical terms is complicated. Most people in Puerto Rico don’t pay federal income taxes, but they do pay Social Security, Medicare, import, export and commodity taxes. Their federal tax bills add up to more than $3 billion a year.

Puerto Rico has a delegate in the House of Representatives who serves on and votes in committees but cannot vote on the House floor; that position is currently held by Jenniffer González-Colón, a Republican. This makes Puerto Rico’s representation in Congress identical to Washington, D.C.’s, though Washington’s legal status is different.

Some parts of the Constitution apply in Puerto Rico, some don’t, and even experts aren’t always sure which are which. This odd arrangement dates to 1901 and the so-called Insular Cases, a series of Supreme Court rulings led by Downes v. Bidwell. As recently as 2016, a federal judge in Puerto Rico ruled (in a decision quickly reversed on appeal) that it didn’t have to abide by the Supreme Court’s decision legalizing same-sex marriage.

Two Supreme Court cases last year clarified elements of the island’s status. In Puerto Rico v. Sanchez Valle, the justices ruled that a person could not be prosecuted for the same crime by both the federal government and the Puerto Rican government, even though one can be prosecuted separately by both the federal government and a state. And in Puerto Rico v. Franklin, the justices ruled that Puerto Rico could not allow its municipalities to declare bankruptcy — something states can do.

There is a longstanding statehood movement in Puerto Rico, and five referendums have been held on the subject. In the most recent one, which was held in June and had very low turnout, 97 percent of the votes cast were in favor of statehood.

The referendum was nonbinding, however, and it is ultimately up to Congress to decide whether to admit Puerto Rico as a state.

After the vote, Governor Rosselló, a Democrat, chose two senators and five representatives — the numbers Puerto Rico would have based on its population — to go to Washington and demand to be seated. But Congress hasn’t acted and is not likely to do so in the foreseeable future.

A correction was made on 
Sept. 26, 2017

Because of an editing error, an earlier version of this article misstated the findings of a recent poll. It found that a slim majority of Americans realize Puerto Ricans are Americans, not that most do not.

How we handle corrections

Frances Robles contributed reporting.

Follow Maggie Astor on Twitter: @MaggieAstor.

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