united-states
Why is Palmyra Atoll still considered an incorporated territory?
<p>Palmyra Atoll is currently the only incorporated US territory. <a href="https://www.doi.gov/oia/islands/palmyraatoll" rel="nofollow noreferrer">According</a> to the Department of the Interior, this is because Palmyra Atoll was part of the Hawaii Territory, which was made an incorporated territory when Congress applied the US constitution to the territory. Even though the Hawaii Territory no longer exists, the page says that Palmyra Atoll is still incorporated because:</p>
<blockquote>
<p>(Incorporation has been consistently interpreted as a perpetual
state. Once incorporated, an area cannot be de-incorporated.)</p>
</blockquote>
<p>Where is this interpretation from? Does this mean that Congress cannot make Palmyra Atoll an unincorporated territory by passing a law that says that the US constitution no longer fully applies to Palmyra Atoll? Does it mean that the US cannot cede Palmyra Atoll to another country because it would conflict with incorporation being &quot;perpetual&quot;?</p>

<blockquote>
<p>Does this mean that Congress cannot make Palmyra Atoll an
unincorporated territory by passing a law that says that the US
constitution no longer fully applies to Palmyra Atoll? Does it mean
that the US cannot cede Palmyra Atoll to another country because it
would conflict with incorporation being &quot;perpetual&quot;?</p>
</blockquote>
<p>Perpetual, in this sense, means until the United States, by enacting a law, expressly provides otherwise. The U.S. clearly has the power to grant Palmyra Atoll independence, or to sell Palmyra Atoll to another country.</p>
<p>One can imagine a situation in which the residents would have citizenship rights that would be irrevocable even if the status of Palmyra Atoll changed.</p>
<p>But, given that it has twenty or fewer residents, all temporary, the only way that I can imagine an issue like that coming up is with respect to the question of whether a child born on Palmyra Atoll to people who are not U.S. citizens or nationals is a U.S. citizen (probably) rather than a U.S. national. Since the temporary residents of Palmyra Atoll are predominantly U.S. citizens, however, this question is unlikely to present itself.</p>
