Puerto Rico has no states. It is a single unincorporated U.S. territory, not a country subdivided into state-level governments, and its local map is drawn instead into 78 municipalities that handle governance at the community level. So the honest answer to how many states Puerto Rico has is zero, and the more useful answer is that the island uses a different structure entirely.
Why Puerto Rico Has No States
Puerto Rico came under U.S. control after the Spanish-American War in 1898, when the Treaty of Paris required Spain to cede the island along with Guam and the Philippines.1Office of the Historian. The Spanish-American War, 1898 Congress later passed the Jones-Shafroth Act of 1917, which granted U.S. citizenship to residents and set up the basic framework for the island’s relationship with the federal government. That law, now codified primarily at 48 U.S.C. § 731 and known as the Puerto Rico Federal Relations Act, still defines the island’s political status.2Office of the Law Revision Counsel. 48 USC 731 – Territory Included Under Name Puerto Rico
The island is classified as an “unincorporated territory,” a category the Supreme Court created in a series of early twentieth-century decisions known as the Insular Cases. Only certain constitutional protections apply to Puerto Rico automatically under that label. Congress decides which other provisions extend to the island through legislation, and it retains broad authority over the territory under Article IV of the Constitution.3U.S. Commission on Civil Rights. The Insular Cases and the Doctrine of the Unincorporated Territory and Its Effects on the Civil Rights of the Residents of Puerto Rico The Insular Cases are controversial, and legal scholars have questioned whether they should be overturned, but as of 2026 they remain binding precedent.
In 1952, Puerto Rico adopted its own constitution and became formally known as a “commonwealth.” The constitution set up three branches of government modeled on the federal system: an executive led by a governor, a bicameral legislature, and an independent judiciary.4Harry S. Truman Library and Museum. Special Message to the Congress Transmitting the Constitution of the Commonwealth of Puerto Rico That self-governing structure gives the island control over most internal matters, but it is not sovereignty. Federal law still applies unless Congress specifically excludes the island, and Congress can override local legislation at any time.
The 78 Municipalities That Replace States and Counties
Where mainland states divide into counties or parishes, Puerto Rico divides into 78 municipalities, called “municipios.” These are the island’s primary units of local government. Each one is led by an elected mayor and a municipal legislature responsible for day-to-day governance within its boundaries.5Gobierno de Puerto Rico. Directorio de Municipios San Juan, the capital and largest city, is one municipality. So is the smaller mountain town of Adjuntas. The system is flat: no intermediate level of government sits between the municipalities and the central commonwealth government.
The Autonomous Municipalities Act of 1991 (Act No. 81) expanded the powers of these local governments significantly. Before this law, municipalities had far less independent authority. Act 81 transferred jurisdiction over urban planning, local infrastructure, and economic development to the municipal level, giving mayors and legislatures the tools to address local needs without waiting for approval from San Juan.6Office of Management and Budget. Autonomous Municipalities Act of the Commonwealth of Puerto Rico of 1991 Municipalities collect certain local taxes, manage trash collection and emergency services, and pass ordinances regulating community safety.
Each municipality is further divided into smaller areas called barrios. According to the U.S. Census Bureau, there are 827 barrios across the island, used mainly as geographic subdivisions for election and census purposes rather than as functioning governments of their own.7U.S. Census Bureau. Puerto Rico
What Territorial Status Means for Residents
People born in Puerto Rico are U.S. citizens at birth. Federal law has guaranteed this since the Jones-Shafroth Act of 1917, and current law at 8 U.S.C. § 1402 confirms it for anyone born on the island on or after January 13, 1941.8Office of the Law Revision Counsel. 8 USC 1402 – Persons Born in Puerto Rico on or After April 11, 1899 Citizenship comes with the right to travel freely throughout the United States, serve in the military, and receive a U.S. passport. It does not include the right to vote for president while living on the island.
The reason is structural. The 23rd Amendment grants Electoral College representation only to the District of Columbia, and only states appoint presidential electors under Article II of the Constitution.9Library of Congress. U.S. Constitution – Twenty-Third Amendment Because Puerto Rico is a territory and not a state, it has neither senators nor voting representatives. The island sends a single Resident Commissioner to the U.S. House, elected to a four-year term.10Office of the Law Revision Counsel. 48 USC 891 – Resident Commissioner, Election, Term The Resident Commissioner can serve on committees, introduce bills, and participate in debate, but House rules prohibit delegates and the Resident Commissioner from voting on final passage of legislation on the floor. A Puerto Rico resident who moves to any of the 50 states immediately gains the right to vote in federal elections, including for president.
Taxes work differently too. Residents who earn all their income from sources within Puerto Rico generally do not file or pay federal income tax on that income.11Internal Revenue Service. Topic No. 901, Is a Person With Income From Sources Within Puerto Rico Required to File a US Federal Income Tax Return They do pay into Social Security and Medicare through payroll taxes, and they pay federal self-employment tax if applicable. Puerto Rico also runs its own comprehensive income tax system, with rates that can be comparable to or higher than what many state residents pay.
The flip side is reduced access to federal safety-net programs. Puerto Rico residents are completely excluded from Supplemental Security Income, the monthly cash payment program for elderly and disabled Americans with limited resources. In 2022, the Supreme Court upheld that exclusion in an 8-1 decision, ruling that Congress has broad discretion under the Territory Clause and is not constitutionally required to extend SSI to the island.12Supreme Court of the United States. United States v. Vaello Madero Medicaid follows a similar pattern. Unlike states, which receive open-ended federal matching funds, Puerto Rico operates under an annual funding cap and must cover any remaining costs on its own once the cap is reached.13Medicaid.gov. Puerto Rico
Could Puerto Rico Become a State?
Whether Puerto Rico should become the 51st state, pursue independence, or keep some version of its current status has been a live political question for decades. The island has held multiple nonbinding referendums, and the results have shifted over time.
In a 2020 referendum, voters answered a yes-or-no question: “Should Puerto Rico be admitted immediately into the Union as a State?” Roughly 52.5% voted yes. In November 2024, a three-option referendum asked voters to choose among statehood, independence, and free association with the United States. Statehood won again with about 58.6% of the vote, free association received roughly 29.6%, and independence about 11.8%. Neither result is binding. Any change to Puerto Rico’s political status requires an act of Congress.
The Puerto Rico Status Act (H.R. 2757), introduced in the 118th Congress in 2023-2024, would have authorized a binding plebiscite with three options: statehood, independence, or sovereignty in free association. It did not pass before that session ended.14Congress.gov. HR 2757 – Puerto Rico Status Act No equivalent bill has advanced in the current 119th Congress as of mid-2026. Until Congress acts, Puerto Rico remains a territory with 78 municipalities and zero states.