United States Nationality Law - Citizenship at Birth On The U.S. Territories and Former U.S. Territories

Citizenship At Birth On The U.S. Territories and Former U.S. Territories

Separate sections handle territories that the United States has acquired over time, such as Puerto Rico 8 U.S.C. § 1402, Alaska 8 U.S.C. § 1404, Hawaii 8 U.S.C. § 1405, the U.S. Virgin Islands 8 U.S.C. § 1406, and Guam 8 U.S.C. § 1407. Each of these sections confer citizenship on persons living in these territories as of a certain date, and usually confer native-born status on persons born in those territories after that date.

For example, for Puerto Rico, all persons born in Puerto Rico between April 11, 1899, and January 12, 1941, are automatically conferred citizenship as of the date the law was signed by the President Harry S. Truman on June 27, 1952. Additionally, all persons born in Puerto Rico on or after January 13, 1941, are native-born citizens of the United States. Note that because of when the law was passed, for some, the native-born status was retroactive.

The law contains one other section of historical note, concerning the Panama Canal Zone and the nation of Panama. In 8 U.S.C. § 1403, the law states that anyone born in the Canal Zone or in Panama itself, on or after February 26, 1904, to a mother and/or father who is a United States citizen, was "declared" to be a United States citizen.

All persons born in the U.S. Virgin Islands on or after February 25, 1927, are native-born citizens of the United States. The 8 U.S.C. § 1406 also indicate that all the persons and their children born in the U.S. Virgin Islands subsequent to January 17, 1917, and prior to February 25, 1927, are declared to be citizens of the United States as of February 25, 1927 if complied with the U.S. law dispositions.

All persons born in Alaska on or after June 2, 1924, are native-born citizens of the United States. Alaska was declared a U.S. State on January 3, 1959.

All persons born in Hawaii on or after April 30, 1900, are native-born citizens of the United States. Hawaii was declared a U.S. State on August 21, 1959.

All persons born in the island of Guam on or after April 11, 1899 (whether before or after August 1, 1950) subject to the jurisdiction of the United States, are declared to be citizens of the United States.

Currently under the Immigration and Nationality Act of 1952 (INA) effective from December 24, 1952 to present the definition of the "United States" for nationality purposes, was expanded to add Guam; and, effective November 3, 1986, the Commonwealth of the Northern Mariana Islands (in addition to Puerto Rico and the Virgin Islands of the United States). Persons born in these territories on or after December 24, 1952 acquire U.S. citizenship at birth on the same terms as persons born in other parts of the United States; and "Outlying possessions of the United States" was restricted to American Samoa and Swains Island.

Congressional Research Service Report number RL30527 of April 17, 2000, titled "Presidential Elections in the United States: A Primer" asserts that citizens born in Guam, Puerto Rico, and the U.S. Virgin Islands are legally defined as natural born citizens, and are, therefore, also eligible to be elected President.