A group of separatists made an interesting move. They drafted an executive order calling for independence for Puerto Rico and sent it to various members of Congress and the Executive Branch. The Daily Mail, a British tabloid widely considered unreliable, reported that this draft had been sent to members of Congress and of the Executive Branch. The copy of the Daily Mail story below, shared on Facebook by a separatist group, shows the thrust of the reporting.
That is, a document was prepared and sent out. The claims that various offices are “in possession” of the draft mean that it was mailed or delivered to those offices, but the implication is that it is being considered by people like Marco Rubio and Tulsi Gabbard. This is dishonest reporting. The Daily Mail’s headline, “Trump pressured to make Puerto Rico independent to save America $617 billion,” echoes their claim that “it is a clear effort to apply pressure on the While House.” Note that there is no information provided about who is applying the pressure or whether they actually have the ability to apply any meaningful pressure.
The Daily Mail is known for this kind of scurrilous content. El Nuevo Dia reported that “A group of Puerto Rican lawyers, economists and activists sent a document to the White House and Congress – as if it were a potential executive order from President Donald Trump – proposing granting independence to Puerto Rico by decree.” In a later article, the news outlet named some members of the group, saying that some preferred not to give their names. The Daily Mail, in a follow-up discussed further below, identified the group as “The Puerto Rican Alliance.”
In other words, the actual news is this: a largely unidentified group of people wrote up a spoof executive order and sent it to members of the federal government.
Responses
One interesting response to the story came from the Resident Commissioner. He used generative AI tools to draft an executive order implementing “enhanced commonwealth” for Puerto Rico. This was particularly interesting because enhanced commonwealth, widely understood to be unconstitutional, has had so many different and conflicting descriptions over time that we have been curious about Hernandez-Rivera’s take on it.
Here is his AI-generated text:
“[DRAFT] [PROPOSAL] [FOR EDUCATIONAL PURPOSES ONLY]
EXECUTIVE ORDER
ENHANCED COMMONWEALTH COMPACT WITH THE PEOPLE OF PUERTO RICO
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in recognition of the longstanding relationship between the United States and the people of Puerto Rico, I hereby order the establishment of a Compact for an Enhanced Commonwealth of Puerto Rico, under the following terms:
Section 1. PURPOSE
This Compact seeks to solidify the relationship between the United States and Puerto Rico, guaranteeing permanent union and full respect for the democratic wishes and self-government aspirations of the Puerto Rican people.
Section 2. PERMANENT UNION
This Compact establishes a permanent union between Puerto Rico and the United States, which shall not be altered or revoked except by mutual consent of the people of Puerto Rico and the government of the United States, expressed through democratically recognized procedures.
Section 3. FULL LOCAL AUTONOMY
Puerto Rico shall exercise full autonomy over local and internal governance, including but not limited to fiscal management, education, public safety, healthcare, infrastructure, and internal economic development. The federal government of the United States shall respect and recognize this autonomy in all interactions.
Section 4. POLITICAL PARTICIPATION
Citizens residing in Puerto Rico shall henceforth possess the right to vote for President and Vice President of the United States. Additionally, Puerto Rico shall elect voting members to the United States Congress, with representation determined proportionally in alignment with established constitutional procedures.
Section 5. EQUAL TREATMENT IN FEDERAL PROGRAMS
Puerto Rico and its citizens shall be granted equal treatment under all federal programs, including but not limited to Medicare, Medicaid, Social Security, Supplemental Nutrition Assistance Program (SNAP), and federal education and infrastructure programs. Disbursement and administration of federal funds shall be provided on equal terms as those afforded to states.
Section 6. BIRTHRIGHT CITIZENSHIP
This Compact reaffirms and permanently guarantees birthright citizenship of the United States to all individuals born in Puerto Rico, consistent with the Fourteenth Amendment of the U.S. Constitution.
Section 7. IMMEDIATE DISBURSEMENT OF RECONSTRUCTION FUNDS
All federally appropriated reconstruction and disaster relief funds currently pending or delayed shall be immediately released and disbursed to Puerto Rico. Agencies responsible for such funds shall expedite distribution without delay, ensuring effective oversight and accountability in partnership with Puerto Rican authorities.
Section 8. IMPLEMENTATION
The Office of Intergovernmental Affairs and relevant federal agencies are hereby directed to cooperate fully with the government of Puerto Rico to promptly implement the provisions of this Compact.
Section 9. GENERAL PROVISIONS
(a) Nothing in this Order shall impair the powers vested by law in federal departments, agencies, or their heads.
(b) This Order shall be implemented consistent with applicable law and subject to the availability of appropriations.
Section 10. EFFECTIVE DATE
This Executive Order shall become effective immediately upon signature.
DONALD J. TRUMP
President of the United States
THE WHITE HOUSE,
Washington, D.C.”
The resident commissioner stated, “I do this with the sole purpose of showing you how, with artificial intelligence, such a draft can be prepared, distributed, and create confusion and unrest.” However, we note that his draft included many points that are in conflict with the U.S. Constitution. Permanent union, political participation, equal treatment in federal programs, and birthright citizenship are all characteristics of statehood which are not available to a territory.
Daily Mail update
The Daily Mail followed up their revelations with a new story explaining that the president actually cannot make a territory independent by executive order. Congress makes the decisions for U.S. territories. “Executive Director of the Puerto Rico Statehood Council George Laws Garcia said there is growing support among Republicans in Congress – both far-right and centrist – who are opening to the argument for statehood,” the second story reported. “Laws Garcia said that statehood advocates and Puerto Rican leaders, including their Republican Gov. Jenniffer Gonzalez-Colon met with about 25 Republican and Democrat legislators this month.”
“The folks who wrote this memo,” he concluded, “they’re basically representing a desperate and last ditch attempt to advance a political status that only about 11 percent of the population on the island support.”
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