This is an archive of past discussions about Filiberto Ojeda Ríos. Do not edit the contents of this page. If you wish to start a new discussion or revive an old one, please do so on the current talk page.
People born in Puerto Rico automatically have dual nationality: Puerto Rican and American. Puerto Rico follows the Jus soli law (the right of the soil or the land) meaning that one’s nationality is determined by the place of one's birth. Therefore, a person can be Puerto Rican and American due to the fact that he was born in San Juan, Puerto Rico.
On October 25, 2006, the Puerto Rican State Department declared the existence of the Puerto Rican nationality (see: Juan Mari Bras). Puerto Rican nationality was recognized in 1898 after Spain ceded the island to the United States as a result of the Spanish-American War. On April 12, 1900, the Congress of the United States enacted the Foraker Act of 1900. Section VII of this act created a Puerto Rican citizenship for the residents "born in Puerto Rico and, therefore, subject to its jurisdiction".[1] In 1917, the United States granted Puerto Ricans U.S. citizenship without the requirement that the islanders renounce their PR citizenship. Since then, everyone born in Puerto Rico are both Puerto Ricans and U.S. citizens. However, in Puerto Rico, Puerto Ricans do not enjoy full U.S. citizenship rights because their rights as such are limited (For example: they can not vote in the Presidential elections), plus the U.S. citizenship with limitations which Puerto Ricans have can be revoked by the United States since said citizenship was granted by an Act of Congress. An amendment to the United States Constitution must be made in order for Puerto Ricans to be allowed to have the same rights which the American citizens have and enjoy in the continental United States. Puerto Ricans do not need to renounce either of the citizenships and do not need a passport to go to the continental United States and once there can participate in every activity as every other U.S. citizen.[2][3]
There is a common misconception that all Puerto Ricans are of Hispanic background. The confusion stems from people automatically associating the term 'Puerto Rican' (nationality) with the term 'Hispanic' (ethnicity). Even though the primary ethnicity in Puerto Rico isHispanic,[4] there are numerous other ethnic groups which make up the Puerto Rican nationality. There are many Puerto Ricans of African, Corsican, French, Irish, German, Chinese, Dutch, Lebanese and of Jewish descent, among others.[5]
Laws Concerning Citizenship/Nationality
The modern world is divided up into nations with each nation, at least nominally, exercising control over its own territory and the people who reside within that territory. Among modern nations, citizenship at birth is conveyed in one of two ways; either though Jus soli (the right of the soil or the land) meaning that one’s nationality is determined by the place of one's birth; or through jus sanguinis (the right of blood) where nationality is determined by the nationality of one's descent (parents). Birthright citizenship is the term used for Jus soli as it is applied under US law. [6]
I have seen a lot of war-editing around some of the Puerto Rican related biographies when it comes to the "nationality" issue in the infobox. Some people are totally ignorant when it comes to the history and the laws of the Colonies/Territories of the United States. Consider this just an educational gift for those who may argue about Ojeda Ríos' nationality, that's all. :- ) Tony the Marine (talk) 23:30, 24 April 2014 (UTC)
That's an interesting perspective, but Puerto Rico isn't a sovereign nation. It is part of the United States so his nationality would be American. The courts in the United States treat Puerto Rico as they would a state. The US Court of Appeals did so in Commonwealth of Puerto Rico vs. United States, the case in which Puerto Rico sought information from the FBI concerning Rios' death. [1] "we must be mindful of the Supremacy Clause, which 'is designed to ensure that states do not `retard, impede, burden, or in any manner control' the execution of federal law.'" Eudemis (talk) 21:54, 25 April 2014 (UTC)
It is true, Puerto Rico isn't a sovereign nation, however it is a nation by definition, with it's own customs, traditions, and so on. As stated before the U.S. citizenship with limitations which Puerto Ricans have can be revoked by the United States since said citizenship was granted by an Act of Congress. An amendment to the United States Constitution must be made in order for Puerto Ricans to be allowed to have the same rights which the American citizens have and enjoy in the continental United States. According to the Puerto Rico Supreme Court, "Under the Constitution of the Commonwealth of Puerto Rico, those persons born in Puerto Rico and subject to its jurisdiction, are citizens of Puerto Rico. Such citizenship is not the national citizenship of an independent country or state, but it does not imply mere residency either." The day that U.S. for any reason decides that the U.S. citizenship, which Puerto Ricans have, be revoked Puerto Ricans will continue to enjoy the Puerto Rican citizenship which they are entitled to. As a matter of fact it was the United States that recognized Puerto Rican citizenship for the residents "born in Puerto Rico" on April 12, 1900, in section VII of the Foraker Act of 1900 when the Congress of the United States enacted said Act. Tony the Marine (talk) 03:03, 1 May 2014 (UTC)
Again Puerto Rico is treated similarly to the individual states. States also have their own customs, traditions and so on but are not nations. The language you use is also applied to the individual states. Virginia, for example, is also a commonwealth. Its citizens are "citizens of Virginia" See [2]. The nationality of these persons who are "citizens of Virginia" is American. I believe the same is true of Puerto Ricans. Eudemis (talk) 11:54, 2 May 2014 (UTC)
What do you mean by "the language you use"? English vs. Spanish perhaps? Also, above you state "...but Puerto Rico isn't a sovereign nation". Are you saying that a pre-requisite for someone to be of the nationality of a certain nation is for that nation to first be "sovereign"? If so, what cite are you basing that on? Mercy11 (talk) 13:37, 2 May 2014 (UTC)
The full sentence is “The language you use is also applied to the individual states.” In this particular case it is clear that the author’s use of the phrase the “language that you use” refers to using language, and the choice of vocabulary, in a particular style or manner within a defined framework. An example of this would be the “contract language” employed in various legal and official documents, or the style used in academia to convey ideas, knowledge, or schools of thought. I believe that the question “English vs. Spanish perhaps?” is at best an inaccurate inference on your part of something that was neither implied nor intended, and at worst a rather shallow attempt to introduce an aspect to this conversation that is inappropriate. Let’s not get our dander up. Hammersbach (talk) 14:49, 2 May 2014 (UTC)
You may be confusing ethnicity with nationality. Nationality in the legal sense does require a sovereign country. Puerto Rico as a non sovereign entity cannot provide someone with Puerto Rican nationality. Federal authorities of the United States control the island. "Puerto Rico has no sovereign authority to prohibit entry into its territory; as with all international ports of entry, border and customs control for Puerto Rico is conducted by federal officers." [3] If what you are suggesting were true, there would be no need for a nationalist movement in Puerto Rico. The Jones-Shafroth Act "gave Puerto Ricans U.S. citizenship" [4] in 1917. If you are aware of something that supersedes the Jones-Shafroth Act, please share it. Eudemis (talk) 14:15, 2 May 2014 (UTC)
The intro goes into detail about the death and its aftermath, while the aftermath section is only a short summary. Per normal WP page organization, these passages should be interchanged.Pokey5945 (talk) 21:59, 21 June 2014 (UTC)
