The Indignity Of A False Citizenship
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nationality remain important today. Research into the human right to a nationality and the prevention of statelessness must not overlook why some people
would willingly risk losing their only nationality (or even affirmatively choose
to become stateless). An inquiry into this dilemma can illuminate the complex
and often highly emotional nature of national identity and citizenship.
2
Historical Background: Colonialism and Citizenship
Puerto Rico was annexed by the United States at a time when the United
States was vastly expanding its empire and political power throughout the
western hemisphere.8 As a result of the Treaty of Paris following the SpanishAmerican War, Spain ceded Puerto Rico to the United States in 1899.9 At that
point, the residents of Puerto Rico lost their Spanish citizenship10 and automatically became nationals (but not citizens)11 of the United States of
America.12
8
9
10
11
12
Christina Duffy Burnett, ‘Untied States: American Expansion and Territorial Deannexation’
(2005) 72 U Chi LR 797, 799.
President’s Report (n 1) 17; US Department of State, Foreign Affairs Manual Volume 7:
Consular Affairs: Acquisition of US Nationality in US Territories and Possessions (77 FAM
1120, 2013) 8.
‘Citizenship in Puerto Rico: Question of the Status of the Island’s 800,000 Inhabitants’
New York Times (Washington, 19 October 1898) <http://query.nytimes.com/mem/archive
-free/pdf?res=9E03EFDF1F3AE533A2575AC1A9669D94699ED7CF> accessed 7 September
2013.
At this point it will be useful to make a distinction between nationality and citizenship.
‘The terms citizenship and nationality refer to the status of the individual in his relationship to the state and are often used synonymously.’ However, a distinction is warranted
with respect to an historic discussion of Puerto Rico. ‘The word nationality (…) has a
broader meaning than the word citizenship. (…) The term citizen, in its general acceptation, is applicable only to a person who is endowed with full political and civil rights in
the body politic of the state. The term national includes a citizen as well as a person who
though not a citizen, owes permanent allegiance to the state and is entitled to its protection, as for example, natives of certain outlying possessions of the United States.’ Eugenio
J Huot Calderón, ‘The Concept of Puerto Rican Citizenship’ (1996) 35 Rev Der PR 321, 32526, citing John Bassett Moore, A Digest of International Law (vol 3, 1906) 273; see also INA
s 308, 8 USCA s 1408 (defining those who are nationals, but not citizens, of the United
States).
Huot Calderón (n 11) 325. The exception to this mandate was that Spanish-born Puerto
Rican residents had the option of electing Spanish nationality so long as they did so
within a year of the treaty’s signing. 77 FAM 1120 (n 9) 8.
tilburg law review 19 (2014) 223-235