Residents of U.S. territories—such as Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands—are U.S. citizens or nationals, but they do not enjoy all the same privileges and immunities as residents of the 50 states. Key differences include:
⚖️ 1. Limited Constitutional Rights
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Insular Cases Doctrine (early 1900s): The Supreme Court ruled that not all constitutional rights automatically apply in unincorporated territories.
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Example: Certain rights in the Bill of Rights, such as a jury trial, may not be guaranteed.
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The Constitution applies only partially and "as locally applicable."
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🗳️ 2. No Voting Representation in Congress
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Territories send non-voting delegates to the U.S. House of Representatives.
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These delegates can debate and serve on committees but cannot vote on final passage of legislation.
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Territories have no representation in the Senate.
🗳️ 3. No Electoral Votes for President
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Residents of U.S. territories cannot vote for President in the general election, because only states and D.C. have Electoral College votes.
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Even though they may participate in presidential primaries, their votes do not count in the general election.
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💵 4. Reduced Access to Federal Benefits
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Many federal programs apply differently or not at all:
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Medicaid: Capped and less generous.
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Supplemental Security Income (SSI): Not available in Puerto Rico and most territories (a key case: United States v. Vaello Madero, 2022).
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Earned Income Tax Credit (EITC) and Child Tax Credit (CTC): Often limited or excluded.
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📜 5. Uncertain Citizenship Status in American Samoa
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American Samoans are U.S. nationals, not citizens by birth.
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They can live and work in the U.S. but cannot vote or hold certain federal jobs unless they naturalize.
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🌐 6. Limited Judicial Access
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Territorial residents may not have access to a federal district court with Article III status.
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Some territorial courts are governed by local law and not the full U.S. federal judiciary system.
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