U.S. Code » Title 8 » Chapter CHAPTER 12— IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER III— NATIONALITY AND NATURALIZATION › Part Part I— Nationality at Birth and Collective Naturalization

8 U.S.C. § 1402

Persons born in Puerto Rico on or after April 11, 1899

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All persons born in Puerto Rico on or after April 11, 1899, and prior to January 13, 1941, subject to the jurisdiction of the United States, residing on January 13, 1941, in Puerto Rico or other territory over which the United States exercises rights of sovereignty and not citizens of the United States under any other Act, are declared to be citizens of the United States as of January 13, 1941. All persons born in Puerto Rico on or after January 13, 1941, and subject to the jurisdiction of the United States, are citizens of the United States at birth.

Notes of Decisions
Cited in 39 cases (4 in the last 5 years), 1954–2026 · leading case: Sessions v. Morales-Santana
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Sessions v. Morales-Santana (2017) scotus “953 (a predecessor to 8 U.S.C. § 1402 ). After living in Puerto Rico for nearly two decades, José left his childhood home on February 27, 1919, 20 days short of his 19th birthday, therefore failing to satisfy § 1401(a)(7)'s requirement of five years' physical presence after age…”
Harris v. Rosario (1980) scotus · cites it 2× “2, "may treat Puerto *653 Rico differently from States so long as there is a rational basis for its actions." Ante, at 651-652. No authority is cited for this proposition.”
Castro v. Attorney General of United States (2012) ca3 “See 8 U.S.C. § 1402 . The BIA did not abuse its discretion when it denied Castro’s motion to reconsider the issue of whether Castro in fact claimed to be a citizen of the United States.”
Jose Napoleon Marquez-Almanzar v. Immigration and Naturalization Service (2005) ca2 “951 (1917) (current version codified at 8 U.S.C. § 1402 ). The people of Guam became citizens of the United States by virtue of the Organic Act of Guam, ch.”
Igartua-de-La-Rosa v. United States (2000) ca1 · cites it 2× “8 U.S.C. § 1402 (1999) (governing the citizenship of persons born in Puerto Rico on or after April 11, 1899).”
Trailer Marine Transport Corp. v. Carmen M. Rivera Vazquez, Etc. (1992) ca1 “8 U.S.C. § 1402 . The United States guarantees Puerto Rico a republican form of government and Puerto Rico is bound to respect the rights, privileges and immunities of all citizens.”
United States v. Vaello-Madero (2020) ca1 “953 , § 5 (1917), and subsequent legislation granting birthright citizenship to Puerto Rico's native-born inhabitants, see 8 U.S.C. § 1402 . In 1985, Appellee moved to New York where he resided until 2013.”
Morales v. NYS Department of Labor (2012) nynd “See 8 U.S.C. § 1402 (extending United States citizenship to all persons born in Puerto Rico).”
Consejo De Salud Playa De Ponce v. Rullan (2008) prd “8 U.S.C. § 1402 . 13 . The Court described Puerto Rico as a “distant ocean community] of a different origin and language from [that] of our continental people.”
United States v. Madero (2019) usdistct “8 U.S.C. § 1402 . While Rice v. Cayetano was decided by the Supreme Court on Fifteenth Amendment grounds, racial classifications are equally impermissible in the Equal Protection content, i.”
Morales-Santana v. Lynch (2015) ca2 “951 (codified at 8 U.S.C. § 1402 (1917)). He was physically present in Puerto Rico until February 27, 1919, 20 days before his nineteenth birthday, when he left Puerto Rico to work in the Dominican Republic for the South Porto Rico Sugar Company.”
Igartúa-De La Rosa v. United States (2004) ca1 “951 (1917); 8 U.S.C. § 1402 . The right to vote is a fundamental right inherent in citizenship.”
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