Puerto Rico Certificate of Citizenship: Legislation to Eliminate It and Its Potential Effects

The Response to Question 348 proposes two main points:

• The Puerto Rico Department of State should stop issuing Certificates of Puerto Rican Citizenship.
• Initiate the administrative process to repeal Regulation No. 7347, which currently establishes the procedure for applying for and obtaining these certificates.

Therefore, this is not simply a matter of changing the certificate's format or modifying its requirements. The measure aims to stop the certificate from being issued altogether.

The text, related documents, and the most recent status of the measure can be found in the official file for R.C. No. 348 on SUTRA.

The measure essentially argues that Puerto Rico does not have a sovereign national citizenship separate from U.S. citizenship and that issuing a Certificate of Puerto Rican Citizenship could create confusion regarding that legal reality.

As part of its rationale, the measure refers to the U.S. citizenship of Puerto Ricans and to U.S. Supreme Court decisions regarding the source of the Puerto Rican government’s powers, including Puerto Rico v. Sánchez Valle and Financial Oversight and Management Board v. Aurelius Investment, LLC.

However, those cases did not directly address whether the Puerto Rican Certificate of Citizenship is valid or whether Regulation No. 7347 should exist.

Furthermore, the concept of Puerto Rican citizenship does not stem solely from that regulation. It has appeared in Puerto Rican legislation for a long time and has been examined by the Supreme Court of Puerto Rico.

Yes. The legal concept of a citizen of Puerto Rico has existed since long before the certificate that is currently the subject of controversy began to be issued.

Article 10 of the Political Code of Puerto Rico contains provisions regarding who is a citizen of Puerto Rico. Puerto Rican citizenship was also examined by the Supreme Court of Puerto Rico in the well-known case of Ramírez de Ferrer v. Mari Brás, 144 D.P.R. 141 (1997).

This does not necessarily mean that Puerto Rico has a national citizenship that is sovereign and independent from that of the United States. These are different concepts.

In fact, part of the current debate revolves around that very distinction: it is one thing to recognize Puerto Rican citizenship within our legal system, and quite another to maintain that there is a sovereign nationality separate from that of the United States.

The history of the certificate is closely linked to Juan Mari Brás, who holds a bachelor's degree.

Mari Brás formally renounced her U.S. citizenship in the 1990s. A controversy subsequently arose over whether she could continue to vote in Puerto Rico even after renouncing her citizenship.

The Supreme Court of Puerto Rico addressed the case in Ramírez de Ferrer v. Mari Brás and extensively examined the history and legal significance of Puerto Rican citizenship.

Mari Brás then requested an official certification from the Government of Puerto Rico attesting to her Puerto Rican citizenship. That process forms part of the background that eventually led to the establishment of an administrative procedure for issuing the Certificate of Puerto Rican Citizenship.

For this reason, the current controversy is not limited to a government form. It also touches on a legal and historical debate that has been unfolding in Puerto Rico for decades.

State Department Regulation No. 7347 established the procedure for evaluating and issuing Certificates of Puerto Rican Citizenship.

Among other things, it specifies who may apply for the certificate, what documents must be submitted, and how the State Department must evaluate the application.

The procedure provides for various ways to demonstrate a connection to Puerto Rico, including situations related to:

• to have been born in Puerto Rico;
• have a father or mother who was born in Puerto Rico; or
• meet certain residency requirements in Puerto Rico.

The proposed legislation does not seek to amend these requirements. It seeks to have the State Department stop issuing the certificate and to repeal the regulation.

If the measure completes the legislative process and takes effect on terms similar to those proposed, the main result would be that the State Department would stop issuing new Certificates of Puerto Rican Citizenship.

It would also have to begin the administrative process to repeal the regulation that currently allows for such requests.

This could affect people who use the document for administrative procedures outside of Puerto Rico. In our practice, for example, we frequently see people who need it for certain procedures in Spain.

It is important to distinguish, however, between two different issues:

• Puerto Rico may decide whether to continue issuing the certificate.
• A foreign agency, consulate, court, or other institution determines which documents it accepts for its own procedures.

Therefore, the fact that Puerto Rico no longer issues the certificate does not necessarily determine what alternative documents a foreign authority might accept in the future.

It should not be assumed that a previously issued certificate would automatically become invalid simply because new certificates are no longer issued in the future.

These are different situations:

• stop issuing new certificates;
• determine the impact of existing certificates; and
• Determine what happens to requests that were pending at the time of a change.

If the legislation ultimately takes effect, it will be necessary to review its final text, its effective date, and any instructions issued by the State Department. It will also be necessary to consider the requirements of the institution to which the certificate will be submitted.

As long as the procedure remains in effect and the State Department continues to issue the certificate, it may be requested in accordance with the applicable requirements.

Since the process could move forward at any time, we recommend checking its status directly in the official SUTRA file before beginning the procedure.

If the certificate is still available, you can review the requirements, processing time, and options on our Puerto Rico Certificate of Citizenship page.

The introduction or passage of a bill does not automatically mean that it is already in effect. To find out the most recent status of R.C. No. 348, you can check the Legislative Assembly’s official system directly.

This is House Joint Resolution No. 348. The measure proposes that the State Department cease issuing the certificate and that the process to repeal Regulation No. 7347 be initiated.

The measure is intended to discontinue the issuance of the Certificate of Puerto Rican Citizenship and to repeal the regulation establishing the procedure for its issuance. The legal concept of Puerto Rican citizenship also appears in other sources of Puerto Rican law, including the Political Code and the case law of the Supreme Court of Puerto Rico.

It should not be assumed that a previously issued certificate would automatically become invalid. If the measure ultimately takes effect, the final text would need to be reviewed, as well as the requirements of the institution where the document is to be used.

As long as the procedure remains in effect and the State Department continues to issue the certificate, it may be requested in accordance with the applicable requirements. Since the status of the legislation may change, it is advisable to first check the official record of the measure on SUTRA.

No. The Puerto Rico Certificate of Citizenship is not a U.S. passport, nor does it replace the federal documents used for international travel or to prove U.S. citizenship.