Quick answer
Yes. Puerto Rico is an unincorporated territory of the United States — part of the US, but not a state. Spain ceded it to the US in the 1898 Treaty of Paris, and Congress made Puerto Ricans US citizens in 1917 (the Jones–Shafroth Act).
- US citizens don’t need a passport to travel between the mainland and Puerto Rico.
- Residents can’t vote for president in the general election and send one non-voting Resident Commissioner to the House.
- Puerto Rico has had its own constitution since 1952; its Spanish name is Estado Libre Asociado (“Commonwealth” in English).
- In the 2024 plebiscite, statehood won 58.61% of valid votes (CEE), but only Congress can admit a new state.
- Population: 3,285,874 in the 2020 Census.
The island of Puerto Rico is a territory of the United States located in the Caribbean Sea.
The island is regarded as part of the United States with its own legal system and administration.
In this article, I will cover the following:
– Is Puerto Rico legally part of the United States?
– When did Puerto Rico become part of the United States?
– Why is Puerto Rico not a US state?
– What country is Puerto Rico in?
Is Puerto Rico legally part of the United States?
Yes. Puerto Rico is a US territory under the authority of Congress, which the Constitution gives the power to make “all needful Rules and Regulations” for US territories (Article IV, Section 3). It is “unincorporated,” meaning it belongs to the United States but is not a state, and not every provision of the Constitution applies in the same way as in the states.
People born in Puerto Rico are US citizens. Citizenship came from Congress, not the courts: the Jones–Shafroth Act, signed on March 2, 1917, made Puerto Ricans US citizens.
Puerto Rico governs itself under its own constitution, approved in 1952, with an elected governor and legislature. Federal law applies on the island, and federal agencies and courts operate there.
When did Puerto Rico become part of the United States?
Puerto Rico became part of the United States in 1898 due to the Spanish-American War.
If you are planning a visit to the island, check out Old San Juan and Ponce, two of the best places to explore Puerto Rico’s history.
Spain ceded Puerto Rico to the United States in the Treaty of Paris, signed on December 10, 1898, at the end of the Spanish-American War. The US then governed the island under military and later civilian rule set by Congress, and in 1917 made Puerto Ricans US citizens.
Why is Puerto Rico not a US state?
Because Congress has never voted to admit it. Under Article IV, Section 3 of the Constitution, new states are admitted by Congress — no constitutional amendment is needed, but an act of Congress is.
Puerto Ricans themselves have long been divided. In the November 2024 plebiscite, the State Elections Commission (CEE) certified statehood as the winner with 620,782 votes (58.61% of valid votes), ahead of sovereignty in free association (29.57%) and independence (11.82%). Plebiscites like this one are not binding on Congress.
What being a territory means in practice:
- No vote for president. Residents of US territories can’t vote in the general presidential election unless they are domiciled in a state or DC. Puerto Rico does hold presidential primaries.
- No voting member of Congress. Puerto Rico elects a Resident Commissioner to a four-year term in the House, who can vote in committees but not on final passage of bills.
- Federal taxes are different. Bona fide residents generally don’t pay federal income tax on Puerto Rico-source income (26 U.S.C. § 933), though they pay Puerto Rico income tax and other federal taxes can still apply. See our Act 60 guide.
Below is a video explaining why Puerto Rico is not a US state:
What country is Puerto Rico in?
Geographically, Puerto Rico is not located in any country.
Puerto Rico is part of The Caribbean Archipelago (the Antilles islands) located in North America, right between the Caribbean and the North Atlantic oceans.
As citizens of the United States, Puerto Ricans are free to move around the island, inside the country, and on the mainland.
Check out everything that you need to know about the Unincorporated Territory in the following video:
The 2020 Census counted 3,285,874 people in Puerto Rico; the Census Bureau’s July 2025 estimate is 3,184,835. As US citizens, Puerto Ricans can move freely between the island and the mainland, and millions more live in the states.
Frequently asked questions
Is Puerto Rico part of the US?
Yes. It is an unincorporated US territory: part of the United States but not a state.
Are Puerto Ricans US citizens?
Yes. Congress made Puerto Ricans US citizens with the Jones–Shafroth Act of March 2, 1917, and people born in Puerto Rico are US citizens at birth.
Do I need a passport to go to Puerto Rico?
No, not if you are a US citizen traveling from the mainland. Bring a REAL ID-compliant ID or another TSA-accepted ID for the flight.
Can Puerto Ricans vote for president?
Not while living in Puerto Rico. Territories have no electoral votes, but Puerto Ricans who live in a state or DC can vote there. Puerto Rico holds presidential primaries.
Do people in Puerto Rico pay federal taxes?
Bona fide residents generally don’t pay federal income tax on Puerto Rico-source income (26 U.S.C. § 933), but they pay Puerto Rico income tax, and other federal taxes can still apply.
Why isn’t Puerto Rico a state?
Congress has never voted to admit it. Statehood won 58.61% of valid votes in the 2024 plebiscite, but plebiscites are not binding on Congress.
What currency does Puerto Rico use?
The US dollar. See What currency does Puerto Rico use?
Final thoughts
For the moment, it is unknown if Puerto Rico will ever become a state.
Even so, Puerto Rico is an island rich in culture and full of history.
If you are planning a trip to Puerto Rico and need some inspiration, check out our article 45 Best Things To Do In Puerto Rico.
In the most recent plebiscite (November 2024), statehood won 58.61% of valid votes, but only Congress can decide whether Puerto Rico becomes a state.
Sources we checked
Checked in October 2026. Where a fact could not be confirmed against a primary source, we removed it or said so.
- Library of Congress: 1917 Jones–Shafroth Act, which made Puerto Ricans US citizens
- Office of the Historian, US Department of State: the Spanish-American War and the 1898 Treaty of Paris
- Library of Congress: Constitution of the Commonwealth of Puerto Rico (1952)
- US Constitution, Article IV, Section 3: new states are admitted by Congress; Congress governs territories
- National Archives, Electoral College FAQ: residents of US territories cannot vote for President unless domiciled in a state or DC
- Congressional Research Service: delegates and the Resident Commissioner (four-year term; committee votes; no vote on final passage)
- Puerto Rico State Elections Commission (CEE): certified final results of the 2024 status plebiscite
- IRS Publication 1321 (Rev. 10-2025): special instructions for bona fide residents of Puerto Rico
- 26 U.S.C. § 933: Puerto Rico-source income of bona fide residents is excluded from federal gross income
- USAGov: US citizens do not need a passport to travel between the US and Puerto Rico (updated Mar. 31, 2026)
- US Census Bureau QuickFacts, Puerto Rico: 2020 population 3,285,874; July 1, 2025 estimate 3,184,835
Originally published on PuertoRico.com (2022-12-18). Reviewed and updated October 2026: facts were checked against the sources above.