“Stop the scare tactics,” wrote a commenter when we pointed out that citizens of a new Republic of Puerto Rico would not be guaranteed U.S. citizenship. We often see this idea: that pointing out the possible loss of U.S. citizenship under independence (including independence with free association) is a meaningless scare tactic, designed to frighten people away from independence.
Let’s look at the facts
In 1917, Congress declared that Puerto Ricans — unless they chose not to — were all “deemed and held to be citizens of the United States.” Everyone had six months to declare that they did not want to be citizens of the U.S., so it was not forced upon them, but it is statutory citizenship, conferred by Congress. The name of the law was the Jones-Shafroth Act.
One of many documents explaining this is a report by Rep. Don Young, who said, citing a Congressional Research report from John Killian, that “Full equal citizenship, irrevocable in the same legal and political sense as citizenship due to birth in a state of the union, comes only with full integration of Puerto Rico into the union. The current citizenship status of Puerto Ricans exists at the discretion of Congress…the suggestion that the current citizenship can be guaranteed or that it is irrevocable by a future Congress is dangerously misleading.”
The citizenship of people born in a state is sometimes called constitutional citizenship, because it is part of the U. S. Constitution.
The 14th amendment to the U.S. Constitution says that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
This doesn’t cover Puerto Rico, because it is about the states, not the territories. The Insular Cases say that Puerto Rico is not in the United States, but belongs to the United States. This means that people born in Puerto Rico are U.S. citizens because of a law made by Congress. A later Congress can always change a law made by an earlier Congress, so a future Congress can always rescind U.S. citizenship for Puerto Rico.
Therefore, U.S. citizenship cannot be guaranteed for a nation of Puerto Rico, whether or not it has a Compact of Free Association. Only under statehood can U.S. citizenship be guaranteed.
Would it be different for Free Association?
There is no reason to think that it would. Current free associated states do not have U.S. citizenship. The United States allows dual citizenship in the sense that people who become naturalized in another country do not have to give up their U.S. citizenship as individuals, but the U.,S. has never given citizenship wholesale to all the citizens of another country. That includes the Philippines, which used to be a U.S. territory.
Okay, Congress can take away U.S. citizenship — but would they?
It’s clear that Congress can rescind U.S. citizenship for Puerto Rico, but those who say that the threat to citizenship is a scare tactic often respond by saying that Congress just wouldn’t do that. Rep. Nydia Velazquez, who was born in Puerto Rico but lives in the states and represents New York, recently endorsed the Independence Party candidate for Governor of Puerto Rico. She has said that permanent U.S. citizenship is “the bare minimum” Congress would simply have to provide to Puerto Rico regardless of the Island’s status.
But look what other members of Congress have said on the subject:
These three members, one of whom is currently the chair of the committee in charge of Puerto Rico, all say what many others have said: Puerto Rico would be a foreign country if it were independent. There would be no chance of U.S. citizenship.
These are not statehood supporters trying to scare people away from voting for another status option. They are members of the group that would make the decision.
It’s logical
Choosing independence from the United States on a ballot is not the same as a violent revolution demanding independence, like the one that separated the United States from England. But it’s also not a decision showing patriotism as citizens of the United States. Separatists often suggest that the United States would give Puerto Rico a better deal in negotiations for a COFA than it gives Puerto Rico now as a territory. That is not a reasonable conclusion.
Ambassador Fred Zeder said, “The proposal that virtually 100% of the population of Puerto Rico could keep the current U.S. nationality and statutory citizenship and at the same time also acquire separate Puerto Rican nationality and citizenship under a new government-to-government treaty relationship establishing separate sovereignty, is legally inconsistent and politically incompatible with separate sovereignty for Puerto Rico. This would amount to an upgrade based on a vote by the people of Puerto Rico to terminate U.S. sovereignty in Puerto Rico.”
Where’s the evidence for the scare tactic claim?
One thing we’ve noticed about the people who call information about U.S. citizenship prospects a “scare tactic” is that they never offer any evidence for their claim that Puerto Rico would be able to keep U.S. citizenship. There is no example in history of a people declaring independence from one nation and yet continuing to be citizens of that nation. There is no example of a nation in free association with the United States which is not independent or which has U.S. citizenship. There are no statements from the Supreme Court saying that it could happen.
Sometimes separatists will say that U.S. citizenship will be “negotiated.” They are apparently looking at 70 years of the “commonwealth” party trying to negotiate special deals with the federal government and failing…and deciding that it will be different once Puerto Rico is independent.
Knowing that this is a weak idea, too weak even to be called an argument, they fall back on, “Stop the scare tactics.” U.S. citizenship is guaranteed only under statehood, not independence with or without free association. This is not a scare tactic. It is the truth. If you want to keep your U.S. citizenship, tell your representatives that you want them to support statehood for Puerto Rico.
One response
PR 51st does GREAT; provides factual information! I add: (SHARE!)
–The Unfinished/Broken Promise of American Democracy!–
(“Support Equal Rights & Democracy for-All We the People!”)
Our noble United States is the greatest in the annals of Human history; has core democratic principles enshrined in the Declaration of Independence and US Constitution–that demand Equal Rights; a “Representative Government/ Democracy” for all “We the People”. But, today, some US Citizen/American Veterans suffer Federal undemocratic control; unjust laws.
Facts are–Since 1898 (for about 130 years) the U.S. Territory of Puerto Rico has NO Federal “consent of the governed”; lack voting representation in Congress; are denied parity in some Federal laws, programs, and funding as some don’t have a permanent “statutory” US Citizenship that can be likely revoked (even if residing in a State) or can end upon Independence; are not fully protected by the 14th Amendment nor Article 1 (Naturalization) that doesn’t mention Territories.
Besides, the unjust US Supreme Court (racist) Insular Cases (1901-1925+) determined that the Federal Government– exercises “plenary power” over Puerto Rico–per unfair/old Territorial Clause (1787), and also, determined the US Constitution has limited application (narrow “Case by Case” basis) as former US Territories before PR, were not treated the same way. Plus, it has autocratic control of PR’s borders, currency, security, and trade.
This biased status is not just a legal technicality; it’s an economic and social anchor! It fuels instability; limits growth, and fair opportunity as it drives a massive Exodus to the States (placing a burden on State resources). But, Patriots say: “The Federal Government should be The Servant of all ‘We the People’, not the master of some!”
The Mandate for Change– The people of Puerto Rico have already spoken. In 2012, 2017, 2020, and 2024, the majority voted to END the current unfair Territorial status in favor of “PR Equality & Progress with Statehood”!
The Federal government hasn’t taken any action to redress a wrong, can no longer hide behind meritless excuses that blame the victim nor political generalization, spin or distortion. No retreat; no surrender to injustice! Can’t have it both ways–
“Silence to Federal suppression–supports discrimination!”
FIX: The right Path forward is to take patriotic Civic Action–Petition our Federal Government to ensure equal Rights/ Democracy for ALL “We the People”; do a non-territorial Plebiscite on: “STATEHOOD” vs “INDEPENDENCE” vs “Independence with Free Association Pact” or admit PR as a State (voted by majority).
Anything else is a continuation of colonial subjugation or “tyranny of a majority”-as you can’t have it both ways! We must protect “consent of the governed”/Equal Rights; amend or revoke unfair or unjust Laws as we finally fulfill the promise of our Union under a US Republic with a Representative Government/Democracy for the Good of all “We the People”!
The Puerto Rican ethnic group (9+ Million strong) is the second-largest Hispanic/Latin group in our Nation, while the majority (about 6+ million) lives in the States (mostly in Florida) as Puerto Ricans are integrated; loyally contribute (in all fields of endeavor) to our diverse, but, UNITED noble USA! “When our USA was in need—Puerto Ricans were there!”
A legacy of Patriotism & Sacrifice—Puerto Ricans have loyally defended the U.S. Flag since 1898—bravely serving in every major conflict from World War I, WW-II, Korea, Cold War… to the Global War on Terrorism as the Puerto Rico’s US 65th Infantry Regiment (the Borinqueneers) were awarded the Congressional Gold Medal—highest Honor US Congress, with US President can bestow. They valiantly served, fought and sacrificed for our USA, but, don’t have full Civil Rights!
Economically, Puerto Rico is a powerhouse in waiting. It has restructured its debt, maintains a balanced budget, and possesses a higher GDP than about 14 states. It pays more in Federal taxes (such as Social Security and Medicare) than about six States and serves as a vital US strategic defense outpost and diplomatic bridge to South/Central America/Caribbean.
PR Hispanic Ancestors’/ roots on this continent date back to 1513 when the 1st Governor of PR-Ponce de Leon sailed from Puerto Rico to find/name Florida where our USA started to develop (not Plymouth Rock)– predating the Pilgrims by over a century. Their Ancestors brought Christianity, cows, horses, pigs, and other good things; help pioneer & develop our now USA; Others, bravely supported or fought in the US War of Independence…
Support fulfillment of the promise of American democracy; “a government of the People, for the People, and by the People!” (Lincoln) Anything less is Un-American!
BY: DENNIS O. FREYTES (MPA/MHR/BBA)-US Army Retired/Florida Veterans Hall of Fame; Community Servant Leader
+This Researched Summary—is patriotically based on our US Republic’s (anti-monarchy/oligarchy) “Declaration of Independence & US Constitution—that calls for: “consent of the governed”; a Republican form of “Representative Government/ Democracy”; US Supreme Court narrow decisions that includes racist Insular Cases-as the Territorial Clause is “standing Law” (unless on a “case by case” basis it rules otherwise); Precedence (where Puerto Rico was treated differently than other US Territories that became States). (More evidence-E: dennisfreytes@hotmail.com )
++ KEY FACTS US Territory of PR- (Summary) ++
+ PR Status is US Territory–per US Constitution (1787): undemocratic/unfair Territorial Clause-“US Congress shall have the Power to dispose of & make all needful rules & regulations respecting the Territory or other Property that belongs to the US”. (Standing Law)
*US Constitution only mentions 4 Status/forms of Government–one for: States, Territories, Indian Tribes, & District of Columbia. *“Commonwealth”/“ELA-Free Associated State” isn’t a Status in the US Constitution; has NO legal meaning; is a political distorted name to cover-up/fool People as to the true Territorial Status. Besides, the US Congress is not above the US Constitution to create a new Status or give up its Territorial Clause powers, as it allowed PR to have: a Territorial Government (per 1950 Federal Relations Act); a statutory (2d Class) US Citizenship (source: Territorial Clause-1917 Jones Act) that can likely be revoked by US Congress.
+ USSC Insular Cases (1901-1925+) based on racism-unjustly states-*“Puerto Rico is an “unincorporated US Territory; more foreign than domestic, belongs to, but, is not part of the US (soil)…” (not in US Constitution)- “Separate and Un-Equal Status” with limited US Constitution application/ 2d Class US Citizenship which goes against US core Values/Principles of a Representative Democracy.
These nonsensical “double standards” were NOT applied to other US Territories before PR; are based on Racism by same Court of “Plessy vs Ferguson”(Black discrimination); condemned by Justice: Marshall, Gorsuch, Sotomayor, & Others, who rightly support revoking them…Also, Justice Gorsuch and Thomas question the “Territorial plenary powers” of US Congress (Veneno Case)…
+ US Citizenship (Types/Basis/Sources): (Per enclosed evidence; 8th USC Code)
1. Individual Birthright Citizenship (permanent)-Code §1401- “jus soli” (right of soil) per 14th Amendment-States: “All persons born or naturalized in the United States…are citizens of the US and of the State wherein they reside.” (US Territories are NOT mentioned nor have full Constitutional Rights/ Equal protection…)
2. Individual Naturalization US Citizenship (permanent) (8 USC Code-Naturalization)-per 14th Amendment–process through which individual immigrants from other Countries can become US Citizens… (PR isn’t under this part/Code.)
3. Acquired Citizenship- “jus sanguinis”-right of blood by descent (8 U.S. Code § 1401/ § 1409/ § 1431/ § 1433) those individuals born in other Countries that acquired US Citizenship from their US Citizen Parents…
4. Collective Statutory US Citizenship (is non-permanent/revocable) per presiding US Territorial Clause/Insular Cases-led to Jones Act (1917)/Code §1402-grants a “statutory” US Citizenship which can also, be lost upon Independence (when US jurisdiction ends).
__US Supreme Court: hasn’t ruled that the 14th Amendment nor “Article 1-Naturalization Clause” (meant for States as Territories are not mentioned)–fully apply to “unincorporated US Territories”. But, it has ruled narrowly-Cases by Case basis: the US Constitution doesn’t fully apply to PR, except for some broad rights that have not been defined; PR is under the plenary powers of US Congress, etc. Some Sources: Downs vs Bidwell-1901; Balzac vs PR-1922; Harris v Rosario (1980); Rogers v. Bellei (1971); PR v. Sánchez Valle (2016); US v. Vaello Madero (2022), & other Cases per enclosed sources/facts/ standing Law.
+ PR lacks Parity in all US Laws; Programs & Funding-Since 1898-has lost about $300 Billion in Federal funds (for Veterans, Social Security, MEDICARE, MEDICAID, Infrastructure, Education, SSI, etc.) that other US Citizens fully get!
+ Jones (Merchant Marine) Act (1920)-is outdated; stifles competition, etc.; plus, unfairly imposes higher costs on Puerto Ricans who pay about 40% of total; badly hurts the Economy/Progress; as a majority of States, don’t pay this unfair hidden US shipping tax.
+ Federal Plebiscite to END PR Territorial Status (suggested general definitions–per facts; not political distortion)–
• STATEHOOD-MEANS: Admission to our diverse “UNION of STATES”—united under our US Constitution, Laws, & Representative Democracy; EQUAL & permanent US Citizenship with– full Rights, Benefits, and Responsibilities;
PR-STATE Identity, Constitution, Flag, Sovereignty, etc.–as other States & US Citizens have under our noble US Flag…
• INDEPENDENCE- MEANS: Puerto Rico National Sovereignty under PR Constitution/ Laws, PR Citizenship…; with loss of US Jurisdiction-Constitution & Statutory US Citizenship Rights, and Benefits…
o INDEPENDENCE with Free Association PACT-MEANS: Puerto Rico National Sovereignty under PR Constitution/ Laws, PR Citizenship…; with loss of US Jurisdiction-Constitution & Statutory US Citizenship Rights, and Benefits… But, with a negotiated PACT between Independent Nations on Terms (like trade, defense, etc.) that can be terminated by either side…
*Free Association is a Pact between Independent Nations (with own Citizenship), like: Marshal Islands, Palau, & Micronesia.
*US Congress must protect statutory US Citizens in the States or let them Vote because the outcome affects them…
“Even if one US Citizen can’t Vote; is one too many!”
Take (non-partisan) Civic Action to respectfully educate All; Petition our US Congress/US President to ensure: “consent of the governed”/ Equal Civil Rights for all “We the People”; END Federal undemocratic control of US Territory of Puerto Rico.
Improve our great US Constitution– revoke/amend unjust-biased or undemocratic Laws that treat some US Citizens- Veterans wrong or differently like-Insular Cases, 1920 Jones Act, etc. PLUS: (1) Territorial Clause: provide a Status time limit /Vote for US President/full US House representation, etc. (2) “US Citizens’ Equal Rights-Protection Clause” that treats US Citizens/ Veterans equally-no matter the residency, under our noble US Flag, etc. God Bless our diverse, but UNITED USA!
“Work with Facts, Truth, Reason & Justice–For the Good of ALL!”
+CONTACT: US Congress House.gov & Senate.gov US President: https://www.whitehouse.gov/contact/ & MEDIA (Search AI)
(Dennis O. Freytes: Orlando Veterans Parade Gran Marshall/W/Sen. M. Rubio/US REP Soto/US Sen Nelson/GOV Rick Scott behind Dennis-Organizer)