Realistically, the only choices for Puerto Rico’s permanent political status are nationhood or statehood. Puerto Rico is currently an unincorporated territory of the United States, but that’s not a permanent political status. It can change at any time to statehood or nationhood. The status bill that passed the House in 2022 also included “Sovereign Free Association,” which is a form of nationhood.
Statehood
Statehood would be a permanent political status. That’s the usual path for territories of the United States: 32 territories have already become states.
As a state, Puerto Rico would have equality with all the current states. We’d have full representation in the federal government, just like all the other states. We’d have there same federal laws, the same federal benefits, and the same rights and responsibilities as all the states.
Unlike territories, states have the full protection of the U.S. Constitution.
Puerto Rico would also have sovereignty as a state. The 10th Amendment to the U.S. Constitution specifies that everything not covered in the U.S. Constitution is up to the states. That includes taxes, education, official languages, elections — anything not laid out in the Constitution. Congress makes rules for territories, but states make rules for themselves.
Independence
Independence would remove Puerto Rico from the United States. The Island would have no representation in the federal government, would not be subject to U.S. laws, and would have no rights or responsibilities relating to the United States. The United States could give foreign aid to a Republic of Puerto Rico, but would not have to do so. The U.S. never gives as much to other nations as to its own states and territories.
The U.S. and a nation of Puerto Rico would have full control over their own laws about citizenship and immigration. The United States has never promised continued citizenship to citizens of an independent Puerto Rico, and in fact has frequently said that it won’t.
A new Republic of Puerto Rico could negotiate treaties with the United States government, as well as with other nations of the world.
Although separatists often claim that the United States would pay reparations to Puerto Rico, grant universal dual citizenship, and otherwise give Puerto Rico a special relationship with the U.S., this is strictly a fantasy. Unlike the relationship between the federal government and the states, there are no laws requiring any relationship between the United States and any foreign country.
Free Association
There are three nations currently in a relationship of free association with the United States. Each of them is an independent nation and none has U.S. citizenship. The Compacts of Free Association these nations have with the United States are good examples of what free association with the U.S. looks like.
Puerto Rico could negotiate a Compact of Free Association with the United States. If there were a binding vote on status and Puerto Rico chose Sovereign Free Association, the Island could not go back to being a territory if the negotiations failed. The default would be independence. Congress could in theory pass a law allowing Puerto Rico to negotiate a Compact of Free Association before voting for Free Association, but there is no precedent.
Either the United States or Puerto Rico could end the Compact of Free Association unilaterally at any time. It is normal for Compacts to be renegotiated, and either side could demand a change — but might not get it — at any time. This is the “free” part of “free association.”
Puerto Rico has voted for statehood with a clear majority four times — that’s every status vote held in this century — and no further plebiscites are planned. You may never need to vote on Statehood vs. Independence vs. Free Association again. If you do, though, you should know what they mean.
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