The end of birthright citizenship could be an opportunity for Puerto Rican independence

The recent Supreme Court decision leaving open the possibility that President Trump's denial of birthright citizenship to individuals born on U.S. soil to undocumented parents will be upheld, is sending shockwaves through legal, political, and immigrant communities.

Justice Sonia Sotomayor’s dissent captured the alarm: “No right is safe.” 

But beyond the continental United States, this decision reverberates in a unique and profound way in Puerto Rico, a U.S. territory caught in political limbo since 1898.

For more than a century, Puerto Ricans have held U.S. citizenship by statute, not by constitutional guarantee. That statute — the Jones-Shafroth Act of 1917 — unilaterally imposed U.S. citizenship on Puerto Ricans (without their consent) not as a recognition of full inclusion, but as a tool of colonial control.

Today, that statutory citizenship is proving to be as vulnerable as its colonial origins. The Supreme Court’s ruling now opens a wider conversation: If U.S. citizenship can be restricted or redefined by federal authorities, what future do Puerto Ricans really have within the U.S. system?

Not much.

The ruling has already been weaponized by the pro-statehood movement in Puerto Rico. Statehood advocates argue that only by becoming a state can Puerto Ricans ensure permanent, constitutionally protected birthright citizenship for future generations. But this narrow, fear-based response ignores both legal precedent and geopolitical logic.

There is a better way — one rooted in dignity, sovereignty and international norms. Puerto Rico can and should become a sovereign nation, either under independence or a Compact of Free Association. In fact, the ruling strengthens the case for independence as the most just and stable long-term solution for Puerto Rico and the U.S. alike.

Under the draft executive order recently proposed for Trump’s consideration, Puerto Rico would become a sovereign nation. Upon independence, the statutory U.S. citizenship conferred by the Jones Act would cease to apply to new births in Puerto Rico.

All individuals born in Puerto Rico after independence would acquire Puerto Rican citizenship — a national identity of their own, defined by Puerto Rican law and values, not those of a distant foreign power.

However, this does not mean the complete severing of U.S. ties for individuals. Children born in Puerto Rico to U.S. citizen parents (as defined under the Immigration and Nationality Act) would remain eligible for U.S. citizenship through a Consular Report of Birth Abroad — a system already in place for U.S. citizens worldwide. 

For example, if a U.S. citizen has a baby in Paris, that child can obtain U.S. citizenship. This preserves continuity for families with U.S. roots, while respecting the sovereignty of Puerto Rico to determine its own citizenship policy moving forward.

Moreover, Puerto Ricans who already possess U.S. citizenship at the moment of independence would retain it, and automatically acquire Puerto Rican citizenship as well, becoming dual citizens.

Those who no longer wish to hold U.S. citizenship would have the option to renounce it swiftly and without penalty through the new U.S. Embassy in San Juan, under a fast-track renunciation process that respects personal identity and freedom of choice.

Puerto Rico's pro-statehood movement seldom mentions the economic costs of statehood. Under current law, most Puerto Ricans do not pay U.S. federal income tax on locally sourced income. This tax exemption would end under statehood, and the consequences would be economically devastating.

The U.S. Government Accountability Office warned in a 2014 report that full application of federal tax laws could collapse Puerto Rico’s fragile economy. Under independence, Puerto Rican citizens would remain exempt from U.S. federal taxes unless they reside in the U.S., as is standard for all foreign nationals. 

Meanwhile, the new Republic of Puerto Rico would design and implement its own national tax system based on its unique economic needs and priorities.

A sovereign Puerto Rico should and would still remain interconnected with the U.S. A free-transit agreement — allowing visa-free travel between the two nations for both U.S. and Puerto Rican citizens — would enable family unity, tourism, trade and opportunities without requiring assimilation or dependence.

In fact, this clarity of status would help Puerto Ricans make informed decisions about their identity and future.

Those who feel primarily American and wish to maintain birthright U.S. citizenship for their children could relocate to any state in the U.S. Those who feel primarily Puerto Rican and seek to maintain their national culture, identity, and Spanish language — would finally live in a nation where their citizenship reflects their culture, language, and aspirations.

Importantly, independence would also halt the practice of foreigners giving birth in Puerto Rico solely to acquire U.S. citizenship for their children — often with no intention of integrating into Puerto Rican society. 

Sovereignty would give Puerto Rico the authority to define and defend its own naturalization and immigration policies, protecting both its demographic and cultural integrity.

The U.S. Supreme Court has unwittingly accelerated a long-overdue reckoning. 

If U.S. citizenship for Puerto Ricans is no longer secure, then neither is the colonial-style arrangement that produced it. Rather than cling to an uncertain future within a union that has never truly welcomed them, Puerto Ricans now face a historic opportunity to define themselves on their own terms.

Independence does not mean isolation, but unity with the global community of nations. It means liberty with dignity, citizenship with identity and a relationship with the United States based on respect, not colonial subordination.

The end of birthright U.S. citizenship in Puerto Rico could be, paradoxically, the beginning of Puerto Rican nationhood. The path forward is clear for those who believe in justice, democracy and decolonization. 

Puerto Rico must become a sovereign nation — not just for legal reasons, but for the dignity of its people and the fulfillment of its historical destiny.

Javier A. Hernández is a former federal official and author of “PREXIT: Forging Puerto Rico’s Path to Sovereignty,” and “Puerto Rico: The Economic Case for Sovereignty.”