Puerto Rican citizenship
Puerto Rican citizenship was first legislated by the United States Congress in Article 7 of the Foraker Act of 1900 and later recognized in the Constitution of Puerto Rico. Puerto Rican citizenship existed before the U.S. takeover of the islands of Puerto Rico and continued afterwards. Its affirmative standing was also recognized before and after the creation of the Commonwealth of Puerto Rico in 1952. Puerto Rican citizenship was recognized by the United States Congress in the early twentieth century and continues unchanged after the creation of the Commonwealth of Puerto Rico. The United States government also continues to recognize a Puerto Rican nationality. Puerto Rican citizenship was once also recognized by the Spanish Government, which recognized Puerto Ricans as a people with Puerto Rican, and not American citizenship. It also at one time granted Spanish citizenship to Puerto Ricans on the basis of their Puerto Rican (and not American) citizenship.
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.”