Does Congress or the President have the power to turn citizenship on and off in U.S. territories? We want to hear from you!

The Supreme Court recently held that “[a] child born on American soil and subject to American law [is] an American citizen.” This should close the debate on whether someone born in a U.S. territory has a constitutional right to citizenship. 

Yet some still argue based on the Insular Cases that Congress or the President have the power to unilaterally deny citizenship to anyone who is born in a U.S. territory. 

Vice President JD Vance has called the idea of restricting citizenship by birth in U.S. territories “a great idea,” explaining “we’re certainly looking at that.” Now Congress is considering a bill, H.R. 9724, titled the “End Birthright Citizenship for Territories Act,” which could deny recognition of citizenship to anyone born in Puerto Rico, Guam, the U.S. Virgin Islands, or the Northern Mariana Islands on or after “January 1, 2027.”

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