ROGERS v. BELLEI, 401 U.S. 815 (1971)
Held that ever since Wong Kim Ark ruling in 1898, that “statutory citizenship” granted by Congress is naturalization citizenship of 14th Amendment.
Since the 1900’s, “birthplace in Puerto Rico” has been long considered as a lawful granting of US citizenship by INA statute to “un-incorporated territory” under a peace treaty cession. But as for its own constitutional authority, this power is not under 14th Amendment’s jus soli but merely as a “naturalization”. By statute, they enjoy the rights of “natural-born subjects”. Thus, such US citizenship is not an absolute right of jus soli, nor is it even treated as being “irrevocable” by Congressional action. If the jurisdiction of Puerto Rico ever was to become “independent” by self-determination vote, then this statutory US citizenship under INA is revoked.
Under peace treaty cession of 1898, the “equal protections” of the 14th Amendment has applied to “Chinese aliens” under an alien status of the Chinese Exclusion Act. (Neely v. Henkel, Downes v. Bidwell). That is “un-incorporated territory” coming under a peace treaty cession. INA status of “outlying possession” is irrelavent to this doctrine.
Congress has never granted any form of “jus soli” nationality law for Taiwan under INA, because TRA mandates the INA treat it as a “trust territory” outside the “naturalization zone” of the USA.
“One China” Communiques are acting like a Chinese Exclusion Act for “jus soli” statute purposes though. The INA statutes, as applicable to Taiwan, do most clearly mandate “jus soli” determinations of nationality outside the “green card” zone. However, the noted “exception” is consular determinations of nationality, very much like the “One China” communiques so exercised under the “foreign affairs” powers of the US Constitution.
The “equal protections” of an INA statute (TRA clause) still applies to these “Chinese aliens” of Taiwan for any “un-incorporated status” by peace treaty cession. Since 1906, the Chinese Exclusion Extension Act created the first noted use of “un-incorporated territory” for denying Chinese aliens their “absolute protections” of the US Constitution. It was called Ellis Island.