David Efron, born in Cuba but naturalized as a U.S. citizen as a child, is suing to determine the citizenship of his daughter, Jennifer. Jennifer was born in Puerto Rico, thus making her a U.S. citizen. Her father argues that this citizenship is, however, only the result of a statute that Congress could repeal at any time.

Under a law passed in 1917, Congress declared Puerto Ricans were citizens of the U.S. That citizenship was retained in 1952 when Puerto Rico became a commonwealth.

The status of the citizenship of Puerto Ricans is a topic in the current debates surrounding the statehood vote, with those who support statehood making the argument that under the current arrangement, U.S. citizenship may be revoked and those who favor the current commonwealth arrangement saying citizenship is secure.

According to an INS spokesman, the citizenship held by Puerto Ricans is full and irrevocable. However, former U.S. Attorney General Dick Thornburgh has said he agrees with the proposition that Puerto Rican citizenship is created by statute and may not be fully protected by the U.S. Constitution.

While Congress has never attempted to disturb the 1917 law creating Puerto Rican citizenship, some Congressmen, including outgoing Speaker of the House Newt Gingrich, have stated that the commonwealth arrangement is not acceptable on a permanent basis.

Courts have thus far declined to become involved, noting that nothing in the status between Puerto Rico and the U.S. has changed yet, and that if and when it does, Congress may make provisions for those with statutory citizenship to be naturalized.

The results of the statehood plebiscite held December 13, 1998 were 46% for statehood, 3% for independence, 0.3 % for a free association with the U.S., and 0.1% to retain commonwealth status. Over 50% of the people voted "none of the above." This position was in protest to the wording of the ballot, which many Puerto Ricans felt was unfairly written to make statehood appear the only viable option.