By the end of the Spanish-American War in 1898, the United States gained sovereignty over Puerto Rico, the Philippines, and Guam. Between 1900 and 1904, the United States acquired the islands of American Samoa. And the United States purchased the now-U.S. Virgin Islands from Denmark in 1917. With these new acquisitions, multiple questions arose about the integration of these territories into the political fabric of the nation.
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In 1901, in
Downes v. Bidwell, the Court created a new way to categorize the territories. They were either designated to be on a path to statehood (“incorporated”) or destined to remain territorial possessions (“unincorporated”). During this period, explicit racial restrictions on
immigration and
naturalization were in place and made Asian immigrants
racially ineligible for citizenship. The Court’s division of territories into an incorporated/unincorporated dichotomy drew on these underlying prejudices in creating exclusionary policy. For example, in Downes the Court expressed doubt that “possessions ... inhabited by alien races, differing from us in religion, customs, laws, methods of taxation and modes of thought” could share in the administration of government.
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What would happen if the United States were to “discover an unknown island, peopled with an uncivilized race, yet rich in soil, and valuable to the United States for commercial and strategic reasons”? White argued that the United States would have “the right to ratify such acquisition.” But he worried notably that if the United States were required to “endow the inhabitants with citizenship of the United States” it would inflict a “grave detriment on the United States” arising from the “immediate bestowal of citizenship on those absolutely unfit to receive it.”
Additionally, in
Gonzales v. Williams in 1904, the Court had the opportunity to consider citizenship for individuals born in the territories, but it dodged the question of whether the territories were covered by the citizenship clause of the Fourteenth Amendment. The case arose when
Isabel González, 20 years old and pregnant, traveled from San Juan, Puerto Rico, to Ellis Island, New York. She was initially
denied entry as an “alien immigrant ... likely to become a public charge.” The Court held that González was not an “alien,” since as a resident of Puerto Rico her “permanent allegiance is due to the United States.” But even though the Court held that she could not be excluded from the United States, it did not go so far as to hold that she was a citizen. Instead, the Court allowed residents of unincorporated U.S. territories to be treated as U.S. “nationals,” rather than as citizens. As nationals, residents of the territories would have the right to freely travel throughout the United States and to travel abroad using a U.S. passport. The question of constitutional citizenship, however, remained unanswered.
In later years, Congress intervened. During the first half of the 20th century, federal legislation made residents of
Puerto Rico, Guam, and the U.S. Virgin Islands
U.S. citizens. The Northern Mariana Islands
formally became a U.S. commonwealth in 1986. Congress also formally enshrined the Supreme Court’s recognition of “national” status in legislation. The Philippines—whose people retained “national” status during its time as a territory—was granted full independence from the United States in 1946. Today, only the residents of American Samoa have not been granted statutory citizenship and are
legally considered to be noncitizen nationals.