Is Puerto Rico part of the United States?

Updated October 13, 2026. Constitutional text from the National Archives transcript of the U.S. Constitution. 1898 cession from the State Department's Office of the Historian. 1917 citizenship from the Library of Congress. 2024 plebiscite results from the Puerto Rico State Elections Commission (CEE) certification of January 17, 2025. Voting rules from the National Archives' Electoral College FAQ. Tax rules from IRS Publication 1321 and 26 U.S.C. § 933. Passport rule from USAGov (updated March 31, 2026). Population from the U.S. Census Bureau. 1952 constitution dates and geography cross-checked on Wikipedia.

Yes. Puerto Rico belongs to the United States as a territory, but it is not a state. People born there are U.S. citizens, the currency is the U.S. dollar, and U.S. citizens can fly in without a passport (see which ID to bring). What Puerto Rico lacks is what statehood would bring: electoral votes for president and voting members of Congress.

Is Puerto Rico legally part of the United States?

Yes. The U.S. Constitution gives Congress the power to make "all needful Rules and Regulations" for U.S. territory (Article IV, Section 3), and Puerto Rico falls under that power. In legal terms it is an unincorporated territory: it belongs to the United States without being fully part of it in the way a state is, and not every constitutional provision applies the same way.

Federal law applies on the island, which has its own U.S. federal district court. At the same time, Puerto Rico runs its own government under its own constitution (see below).

When did Puerto Rico become part of the United States?

In 1898. Spain lost the Spanish-American War, and in the Treaty of Paris, signed on December 10, 1898, Spain handed over Puerto Rico, along with Guam, to the United States (State Department, Office of the Historian). Spain had ruled the island since the early 1500s; its first settlement dates to 1508.

For the longer story, see our history of Puerto Rico, and walk the Spanish-era defenses at El Morro in Old San Juan.

Are Puerto Ricans U.S. citizens?

Yes, by act of Congress, not by a court ruling. The Jones–Shafroth Act, signed on March 2, 1917, made Puerto Ricans U.S. citizens. The Library of Congress notes the same law split the island's government into executive, legislative and judicial branches and added a bill of rights. Because the citizenship comes from a statute, people born in Puerto Rico are U.S. citizens at birth and can live and work anywhere in the states.

Does Puerto Rico govern itself?

Partly. Puerto Rico's constitution was approved by island voters on March 3, 1952, approved by Congress that July and took effect on July 25, 1952, now a holiday on the island. Its official Spanish name is Estado Libre Asociado de Puerto Rico; in English the government uses "Commonwealth." Islanders elect their own governor and legislature, but the constitution operates within the U.S. Constitution, and Congress keeps the final word over the territory.

Why isn't Puerto Rico a state?

Because Congress has never admitted it. Article IV, Section 3 is short on this point: "New States may be admitted" by Congress, and only by Congress. No constitutional amendment is required, just an act of Congress, and none has passed.

Island voters have weighed in several times. In the plebiscite of November 5, 2024, the CEE certified these final results:

The CEE presented the result as a petition to Congress and the President. A plebiscite cannot change the status by itself; only Congress can.

What being a U.S. territory means in practice

• No passport for U.S. citizens. USAGov lists Puerto Rico among the territories U.S. citizens can travel to and from without one.
• No vote for president from the island. The National Archives explains that residents of U.S. territories cannot vote in the presidential general election unless they are domiciled in a state or Washington, D.C. Parties can still hold primaries in Puerto Rico to pick convention delegates. A Puerto Rican who moves to a state votes there.
• No voting seat in Congress. Puerto Rico elects one Resident Commissioner to the U.S. House (currently Pablo Hernández, per the House directory), but the island has no voting representation in Congress, as the Library of Congress puts it.
• Different federal income tax rules. Under 26 U.S.C. § 933, bona fide residents of Puerto Rico generally leave Puerto Rico-source income off their federal income tax; IRS Publication 1321 notes exceptions such as pay received as a U.S. government employee, and they file Puerto Rico income tax instead. Tax incentives for movers are covered in our Act 60 guide.
• Same money. The currency is the U.S. dollar. See what currency Puerto Rico uses.

What country is Puerto Rico in?

Politically, the United States. Geographically, it is a Caribbean archipelago about 1,000 miles southeast of Miami, between the Dominican Republic and the U.S. Virgin Islands. Besides the main island it includes Vieques, Culebra and Mona, and it is divided into 78 municipalities. Spanish and English are both official languages of the government, and Spanish is what you'll hear most; see what language is spoken in Puerto Rico.

The 2020 Census counted 3,285,874 people in Puerto Rico, 11.8% fewer than in 2010, and the Census Bureau's July 1, 2025 estimate is 3,184,835. More islands and geography: islands of Puerto Rico.

What it means for your trip

For a U.S. traveler, visiting Puerto Rico works much like a domestic trip: no passport and no currency exchange. Plan the rest with our guides to safety in Puerto Rico, what to pack and Puerto Rico vs. the U.S. Virgin Islands. Thinking about staying longer? Start with moving to Puerto Rico and the cost of living.

Frequently asked questions

Originally published on PuertoRico.com (2022-12-18). Reviewed and updated October 2026: facts were checked against the sources above.