Puerto Rican citizenship
On April 12, 1900, the United States Congress enacted the Foraker Act of 1900, 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 in 1898. Such Puerto Rican citizenship was granted by Spain in 1897. This citizenship was reaffirmed by the United States Supreme Court in 1904 by its ruling in which denied that Puerto Ricans were United States citizens and labeled them as noncitizen nationals. In a 1914 letter of refusal to the offer of U.S. citizenship and addressed to both the President of the United States and the U.S. Congress, the Puerto Rico House of Delegates stated ""We, Porto Ricans, Spanish-Americans, of Latin soul ... are satisfied with our own beloved Porto Rican citizenship, and proud to have been born and brethren in our own motherland."" The official 1916 Report by the American colonial governor of Puerto Rico to the U.S. Secretary of War (the former name for the Department of Defense), addresses both citizenships, the Puerto Rican citizenship and United States citizenship, in the context of the issuance of passports, further evidencing that the Puerto Rican citizenship did not disappear when the Americans took over the island in 1898.
Insular Cases
In 1898, the United States signed the Treaty of Paris (entered into force April 11, 1899), which ended the Spanish–American War and granted the United States the Philippines, Puerto Rico, and Guam. Additionally, Cuba remained under the jurisdiction of the United States Military Government until its independence on May 20, 1902. Since there was nothing in the United States Constitution about governing newly acquired territories, the government used the guideline from Title IX of the Treaty of Paris. Those that were born in Spain but living in one of the territories, peninsulares, “could retain their Spanish citizenship,” or even eventually have the option to become United States citizens. Title IX of the Treaty of Paris did not grant the same rights to the indigenous population. Edguardo Melendez writes, “Puerto Ricans and Filipinos-- ‘the natives of the islands’-- not only remained colonial subjects but became stateless peoples too: they were denied the right to keep their Spanish citizenship, as well as their right to become U.S. citizens.”