What’s happening with the Puerto Rico Status Act? Both the House and Senate have the bill under consideration, for the first time. We are nearer to resolving Puerto Rico’s status than ever before. The Senate bill has 24 cosponsors. The bill in the House has 95. The bills are supported by the territorial government of Puerto Rico, including both the governor and the resident commissioner. Numerous organizations have spoken up in support: League of United Latin American Citizens (LULAC), U.S. Hispanic Chamber of Commerce, Puerto Rico Statehood Council, Puerto Rico Escogio Estadidad, National Puerto Rico Equality Coalition, Igualdad Futuro Seguro, Instituto Misión Estadista, Puerto Rico Star Project, Democratic Party of Puerto Rico, Republican Party of Puerto Rico, Young Democrats of Puerto Rico, Puerto Rico Young Republican Federation, Young Professionals for Puerto Rico Statehood, Veterans for Puerto Rico Statehood Task Force, Veteranos con Puerto Rico, and the American Latino Veterans Association.
So why hasn’t the bill become law?
Resistance in the House
Bruce Westerman, the chair of the Natural Resources Committee of the House of Representatives, has objections to the bill. “It’s bad policy,” he has said. “I don’t see how anybody can read this bill and think there are not problems with it, [that] there is not a lack of logic. There’s incoherence in the text of the bill, and it’s taking us to a position where we would make bad decisions.”
We agree that there are problems with the bill. The bill suggests, for example, that a new nation of Puerto Rico could provide U.S. citizenship for its citizens, a prospect that is unlikely to be acceptable to the United States.
As constitutional scholar Dr. Ponsa-Kraus said in a hearing before the Natural Resources Committee, “We want these two things. And if you want a union with the United States and citizenship for yourself and your posterity, well, then, statehood is your only option because the other options don’t guarantee you either of those things.”
Westerman also voted against the Puerto Rico Status Act when it passed the House in 2022 because he believed that there had not been enough time and attention paid to the bill. He wanted more hearings and more opportunities to debate and amend the bill.
But we would respectfully point out to Rep. Westerman that the solution to both the problems he has pointed out — the logical flaws in the bill as currently written and the need for further debate and amendments — is to hold the hearings and discussions in the committee that he chairs. Then the committee can send the amended bill back to the floor of Congress for a vote.
Resistance in the Senate
The bill is not facing smooth sailing in the Senate, either.
Sen. Joe Manchin, the chair of the Senate committee on natural resources, has said that he wants Puerto Rico’s statehood to be up to vote among all the U.S. citizens in the nation, contrary to admission of all the previous territories. Connecticut senators faced demands that they meet with independence supporters in their home state before supporting any status legislation for Puerto Rico. Senator Roger Wicker introduced his own version of the bill with the option to continue as a territory on the ballot.
Governor Pierluisi is visiting Washington, D.C., with the goal of encouraging the Senate to hold public hearings on the bill.
Looking toward the future
We are closer to settling the question of a non-territorial status for Puerto Rico than ever before. Congress must recognize that this question is a priority for Americans. Reach out to your representatives and ask them to hold the hearings, carry on the debates, and send the Puerto Rico Status Act back to Congress for a vote.
4 Responses
TO: US Congress; US President CC: PR Governor; PR Resident Commissioner
RE: Support “Puerto Rico Status Act: HR 2757/ S 3231” (with Amendments)
SITUATION SUMMARY: Since 1898 (for over 125+ years), the Federal Government has kept the US Territory of Puerto Rico (PR)-(with more US Citizens than 21 States) under undemocratic control (with NO Federal “consent of the governed”) as we demand Equal Rights-Fairness for all “WE THE PEOPLE”; revocation of unjust Laws; a NON-Territorial Status!
Focus/FACTS–Today, millions of 2d class US Citizens-US Veterans (part of “We the People”) in PR have—
NO Vote for US President; NO just Representation in US Congress; NO Parity in Federal Laws, Programs, or Funding (like for Veterans, Social Security, MEDICARE, MEDICAID, Infrastructure, Education, SSI, and other programs) that other US Citizens fully get; NO permanent statutory US Citizenship (even if moving to a State)…!
Plus, the Federal Government unfairly controls PR’s Borders, Currency, Laws, Security, Economy, Trade, etc.—under the old Territorial Clause (of 1787); unjust racist Insular Cases (of 1901-1925+); other biased Laws—where, incongruently, the US Constitution is not fully applied to US Citizens-US Veterans in Puerto Rico!
“The Federal Government should be the Servant of ALL the People; NOT the Master of some!”
FIX: The US Congress is contemplating the historic HR-2757/S-3231—“Puerto Rico Status Act” which is a good step forward, but, needs to be amended to reflect proper/viable constitutional status definitions below.
(See Enclosure: “END PR’s Federal undemocratic control; Equal US Citizenship-Rights, now!”)
PROBLEMS/DISCUSSION/ANALYSISI: PR Status Act—Summary–
The STATUS DEFINITIONS need to be amended because they confuse People as to what is “Independence” and “Independence with Free Association Pact” (incorrectly called “Sovereignty with Free Association”); and they include a statutory US Citizenship and Federal benefits for Life which goes against the evidence—a statutory US Citizenship is not permanent; will be lost under Independence (With or Without a Free Association Pact). (See Enclosures)
1. The draft bill wrongly “doublespeak’s”, under Independence and Independence with Free Association Pact; first it says—“Puerto Rico has full authority and responsibility over its citizenship and immigration laws, and birth in Puerto Rico or relationship to persons with statutory United States citizenship by birth in the former territory shall cease to be a basis for United States nationality or citizenship, “Then turns around (on what authority or basis?) to state–
“…except that persons who have such United States citizenship have a right to retain United States nationality and citizenship for life, by entitlement or election as provided by Federal law.” (Not in US Constitution…)
2. Buried in page 39, it states that US Citizenship benefits would continue under Independence/ Free Association. “RIGHTS AND BENEFITS.—All vested rights and benefits which accrue to residents of the territory of Puerto Rico under the laws of the United States from past services or contributions… shall not be interrupted after the proclamation of international sovereignty through free association but will continue…” Besides, it says the US Congress would mandate that the PR Government will control Federal Programs and give out Federal Funds…which an Independent Nation can’t do because of its Sovereignty that is not under the US Constitution…
3. There are many instances under Independence and Independence with Free Association Pact–where the US Congress mandates what the Sovereign PR Government must do, like, manage Federal Benefits funds for “Life statutory US Citizens” (that must comply with some US Laws that include paying some Federal taxes; military draft…, etc.).
QUESTIONS
On what Constitutional Ground/US Supreme Court Decisions, authority or bases can the Federal Government—
• Say that a Group/collective issued (blanket) “statutory US Citizenship” (which is based on the Territorial Clause that allows for the 1917 Jones Act, and the racist Insular Cases which limit US Constitution application) with benefits is permanent–for Life? Answer: No-where.
• Mandate US Citizens in a foreign Country to obey Federal Laws—that include payment of some Federal foreign taxes, enrollment in the Selective Service program, etc. Answer: No-where.
• Makes a non-permanent group (blanket) issued statutory (by Law not by 14th Amendment) US Citizenship and benefits permanent–for “Life”? Answer: No-where.
3. The order of Status definitions should be: STATEHOOD vs INDEPENDENCE or INDEPENDENCE with Free Association Pact. (PR have voted in the last 3 local Plebiscites for STATEHOOD)
Some Facts:
• Puerto Rico falls under the Territorial Clause; racist Insular Cases (which end upon Independence) as the US Supreme Court (Insular Cases) has established that the US Constitution doesn’t fully apply to Puerto Rico, except for some broad rights that have not been defined. (Harris v Rosario-1980)…
• Only Statehood guarantees a permanent statutory US Citizenship as the US Constitution/Laws END upon Independence. PR statutory US Citizens (by Territorial Clause-Jones Act/1917-racist Insular Cases…), in the STATES, have a Stake in this just Fight– as they can lose a non-permanent statutory US Citizenship… Thus, our US Congress must let PR statutory (un-permanent) US Citizens in the States Vote in any Federal Plebiscite to end PR’s Territorial Status or “Naturalize” them, per the 14th Amendment (which only applies to those individuals Born or Naturalized in a State. (It doesn’t mention Territories or collective Citizenship…)
RECOMMENDATIONS: Take out statutory US Citizenship & Federal Benefits is for Life because the evidence/facts (per enclosures), point out that upon Independence (without or with Free Association Pact) collective statutory US Citizenship will be lost… Thus, include the following Status definition changes: (EXAMPLE)
• STATEHOOD-MEANS: Admission to our diverse “UNION of STATES”– under US Constitution/ Laws/ Democracy; EQUAL US Citizenship with full Rights, Benefits, and Responsibilities; with PR-STATE Identity, Constitution, Flag, Sovereignty… as other States & other US Citizens have…
• INDEPENDENCE- MEANS: Puerto Rico National Sovereignty; PR Constitution/Laws, PR Citizenship…; with loss of US Constitution & statutory US Citizenship, Rights, and Benefits… …“Puerto Rico has full authority and responsibility over its citizenship and immigration laws, and birth in Puerto Rico or relationship to persons with statutory United States citizenship by birth in the former territory shall cease to be a basis for United States nationality or citizenship…“
o INDEPENDENCE with Free Association PACT-MEANS: Puerto Rico National Sovereignty; PR Constitution/ Laws, PR Citizenship…; with loss of US Constitution & statutory US Citizenship, Rights, and Benefits… But, with a negotiated/limited PACT between Independent Nations on Terms (like trade, defense, etc.) that can be terminated by either side… Puerto Rico has full authority and responsibility over its citizenship and immigration laws, and birth in Puerto Rico or relationship to persons with statutory United States citizenship by birth in the former territory shall cease to be a basis for United States nationality or citizenship“
–NOTES: (See Enclosures)
1. US Citizenship (Types/Basis/Sources) Summary; Key Points
• Individual Birthright Citizenship-“jus soli” (right of soil) per the 14th Amendment (States: “All persons born or naturalized in the United States…are citizens of the US and of the State wherein they reside.” (unquestioned permanent US Citizenship) (US Territories are NOT mentioned or included…)
• Naturalization Citizenship (Individual)—process through which immigrants from other countries can also become citizens if they wish to … (per 14th Amendment) (unquestioned permanent US Citizenship)
• Acquired Citizenship (“jus sanguinis”-right of blood by descent) – those born in other Countries that acquired US citizenship from their US Citizen Parents-… (per US Congress-8 USC Code)
• Collective Statutory US Citizenship- per the US Territorial Clause; Insular Cases (1901-1925+); Jones Act (1917); 8 USC Code §1402 (which can be amended or revoked)–Ends upon Independence… https://www.britannica.com/event/Jones-Shafroth-Act -The US Supreme Court (Insular Cases) has wrongly established that the US Constitution doesn’t fully apply to Puerto Rico, except for some broad rights that have not been defined (+Harris v Rosario-1980/Other Cases)…
2. The US Congress– is not above the US Constitution (Territorial Clause) or US Supreme Court Decisions; shouldn’t mislead People to Vote based on wrong assumptions (statutory US Citizenship/ benefits are for Life…). Besides, the US Constitution/Laws like the Territory Clause, racist Insular Cases (US Constitution doesn’t fully apply to un-incorporated Territories…), 1917 Jones Act, etc., end upon Independence.
3. The US Constitution, Territorial Clause, unjust Insular Cases/other unequal laws, and the 1917 Jones Act that provided for an un-fair “statutory US Citizenship”- will end upon Independence (with or without Free Association Pact). PR would no longer be a US Territory, but, a Sovereign Nation that defines its own PR Constitution, Laws, and PR Citizenship…
4. There is no permanent Group (blanket issued) or Individual dual statutory US Citizenship in our US Constitution or in US Supreme Court decisions.
5. A Nation can’t be Sovereign or independent with the Citizenship of another Nation… (Where would the loyalty be?)
The Federal Government should be the Servant of ALL the People; NOT the Master of some!
This is a Patriotic just cause! The People with Equal US Citizenship/ Rights come first, not a “separate & unequal” Status! In our US Republic, the power should reside with all “We the People” (made up by Individuals)–per our Declaration of Independence that calls for “Consent of the Governed”; noble US Constitution that calls for Equal Rights-Fairness, and a Republican form of Government or a Representative Democracy!
“NO Federal VOTE or just Representation; results in NO Democracy or a Tyranny of a Majority!”
The “PR Status Act” is a historic good non-partisan bill that needs to be enacted as per amendments above/below. The Federal Government must redress a wrong; provide an Equal US Citizenship for all “WE THE PEOPLE”; END the Federal undemocratic control of the US Territory of Puerto Rico. United with Truth, Reason, Justice, and Civic ACTION for the Good of all “We the People”! THANKS!
TO: US Congress; US President; US Federal/Supreme Court; US Citizens-Patriots
EQUAL US Citizenship for ALL; END PR’s Federal UNDEMOCRATIC Status! (Summary)
Since 1898 (for over 125+ years), the Federal Government has kept the US Territory of Puerto Rico (PR)-(with more US Citizens than 21 States) under undemocratic control (with NO Federal “consent of the governed”) as we demand Equal Rights-Fairness for all “WE THE PEOPLE”; revocation of unjust Laws; a NON-Territorial Status!
Focus/FACTS–Today, millions of 2d class US Citizens-US Veterans (part of “We the People”) in PR have—
NO Vote for US President; NO just Representation in US Congress; NO Parity in Federal Laws, Programs, or Funding (like for Veterans, Social Security, MEDICARE, MEDICAID, Infrastructure, Education, SSI, and other programs) that other US Citizens fully get; NO permanent statutory US Citizenship (even if moving to a State)…!
Plus, the Federal Government unfairly controls PR’s Borders, Currency, Laws, Security, Economy, Trade, etc.—under the old Territorial Clause (of 1787); unjust racist Insular Cases (of 1901-1925+); other biased Laws—where, incongruently, the US Constitution is not fully applied to US Citizens-US Veterans in Puerto Rico!
Besides, Puerto Ricans face a magna CRISIS and Exodus to the States–which major ROOT components are-Economic-Jobs; Fiscal; Infrastructure; Social; and Territorial Status—where each PART affects the other. The Federal undemocratic Territorial status affects everything; brings instability…; ties PR’s Hands to fairly compete-grow the Economy; limits progress; goes against our US Democratic core values & principles!
The Federal Government should be the Servant of ALL the People; NOT the Master of some!
This is a Patriotic just cause! The People with Equal US Citizenship/ Rights come first, not a “separate & unequal” Status! In our US Republic, the power should reside with all “We the People” (made up by Individuals)–per our Declaration of Independence that calls for “Consent of the Governed”; noble US Constitution that calls for Equal Rights-Fairness, and a Republican form of Government or a Representative Democracy!
“NO Federal VOTE or just Representation; results in NO Democracy or a Tyranny of a Majority!”
Our Federal Government can end this unjust inequity now, but, has not done so! It incongruently does not act to end PR’s Federal undemocratic Territorial Status; or amend/ revoke unjust-unequal Laws that limit Progress. Instead, some Generalize; politically distort; provide biased/racist EXCUSES that blame the Victim; create double standards not applied to Others-resulting in confusion & stalemate that perpetuates Federal subjugation!
Puerto Ricans Sacrifice & Contribute to our USA since 1513!
Hispanic US Puerto Ricans (PR) are about 10m strong (most live in the States) as they are integrated; greatly sacrifice, and loyally contribute (in all fields of endeavor) to our diverse USA; have patriotically shed sweat, blood, and tears for our US Flag (WWI; WW-II; Korea; Vietnam; Global War on Terrorism). Also, PR has a better GDP than 14 States; pays more Federal taxes than 6 States; is a US Market that creates about a million US Jobs…
PR Ancestors (1st Governor of PR/Crew) came from PR to Florida (in 1513)-107 years before the Pilgrims; others fought in the US War of Independence (1776); brought Christianity and other good things to our now USA.
Silence to discrimination; supports injustice!
US Citizens in PR have voted to END the Territorial-Colonial Status, per local Plebiscites (2012, 2017 & 2020) where Statehood won; Independence got only 2-5% of the Vote… Puerto Ricans have proven loyalty to our US; cherish their US Citizenship! Yet, Congress doesn’t do Right for Equal Citizenship!
FIX: Take Civic ACTION-get our Federal Government to: ensure Equal US Citizenship-Rights; END Federal undemocratic control of PR; do a PR Plebiscite on viable Non-Territorial Options which only are:
STATEHOOD vs INDEPENDENCE (Without or With a Free Association Pact)
Our US (a diverse Union of Sovereign States) is the best in the World—where each State complements each other; is stronger than by itself …! UNITED, under US Constitution/Flag, brings more Progress–for the Good of All!
“En la UNIÓN está la Fuerza!”
Only Statehood guarantees a permanent statutory US Citizens (even if residing in a State)! Thus, all statutory US Citizens have a Stake in the Fight as our US Congress must also, protect them in any Plebiscite!
“Equality for a more perfect UNION!”
Hispanic-Puerto Ricans are being treated unjustly by their Federal Government-Legislative, Executive & Judicial-that, at times, misinterpret our US Constitution that today, WE OWN! Plus, some Politicians say: “All People are Equal” but, mean: “Some People (in power) are more Equal than Others”! In our US Republic– the power should reside with “a Government of the People, by the People, and for the People” (President Lincoln)!
“Patriots call for EQUALITY; FAIRNESS; JUSTICE!”
You can’t have both ways (either support Equality or discrimination)! THE TIME IS NOW for Civic ACTION: demand our Federal Government ensures Equal US Citizenship-Civil Rights; a Representative Democracy:
1. Short Term-Let the People VOTE-Do a PR Plebiscite on defined/viable Non-Territorial Options below.
2. Revoke un-just Laws (like the racist “Insular Cases”, 1920 Jones Act…); Incorporate Puerto Rico.
3. Amend US Constitution (USC); adopt: “US Citizens’ Equal Rights-Protection Clause” that treats all US Citizens equally-no matter the residency, under our noble US Flag! (Enclosed Draft)
4. Revoke or Amend the “Territorial Clause” with a “Status” limit; more rights, etc. (Enclosed Draft)
*STATEHOOD-MEANS: Admission to our diverse “UNION of STATES”– under US Constitution/ Laws/ Democracy; EQUAL US Citizenship with full Rights, Benefits, and Responsibilities; with PR-STATE Identity, Constitution, Flag, Sovereignty… as other States & other US Citizens have…
*INDEPENDENCE- MEANS: Puerto Rico National Sovereignty; PR Constitution/Laws, PR Citizenship…; with loss of US Constitution & statutory US Citizenship, Rights, and Benefits…
*INDEPENDENCE with Free Association PACT-MEANS: Puerto Rico National Sovereignty; PR Constitution/ Laws, PR Citizenship…; with loss of US 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.
Best Option: “PR EQUALITY & PROGRESS with STATEHOOD!”
UNITED-with Truth, Reason, and Civic Action for the Good of All-Family, USA, and Humanity!
(DENNIS O. FREYTES (MPA, MHR, BBA)-FL Veterans Hall of Fame; Community Servant Leader)
–SUPPORT/EDUCATE/CONTACT: MEDIA; US House: https://www.house.gov/representatives
US Senate: https://www.senate.gov/senators/senators-contact.htm
US President: http://www.whitehouse.gov/contact
–NOTES: US Citizenship (Types/Basis/Sources) Summary; Key Points–
1. Individual Birthright Citizenship-“jus soli” (right of soil) per the 14th Amendment (States: “All persons born or naturalized in the United States…are citizens of the US and of the State wherein they reside.” (unquestioned permanent US Citizenship) (US Territories are NOT mentioned or included…)
2. Naturalization Citizenship (Individual)—process through which immigrants from other countries can also become citizens if they wish to … (per 14th Amendment) (unquestioned permanent US Citizenship)
3. Acquired Citizenship (“jus sanguinis”-right of blood by descent) – those born in other Countries that acquired US citizenship from their US Citizen Parents-… (per US Congress-8 USC Code)
4. Collective Statutory US Citizenship- per the US Territorial Clause; Insular Cases (1901-1925+); Jones Act (1917); 8 USC Code §1402 (which can be amended or revoked)–Ends upon Independence… https://www.britannica.com/event/Jones-Shafroth-Act -The US Supreme Court (Insular Cases) has wrongly established that the US Constitution doesn’t fully apply to Puerto Rico, except for some broad rights that have not been defined (+Harris v Rosario-1980/Other Cases)…
• Territorial Clause (1787) states: “US Congress shall have the Power to dispose of and make all rules and regulations respecting the Territory or other Property that belongs to the US.” (Un-democratic; outdated).
• Insular Cases (1901-1925+ based on racism)-states–Puerto Rico is an “unincorporated US Territory; more foreign than domestic, belongs to, but, is not part of the US (soil)…”– resulting in a permanent “Separate and Un-Equal Status”/ 2d Class US Citizenship which goes against American values; a Representative Democracy! (Needs to be revoked.)
–This nonsensical/unjust Legal gibberish (US Supreme Court sustained) are double standards NOT applied to other US Territories before PR; isn’t in US Constitution; are based on Racism by same Court of “Plessy vs Ferguson”…; condemned as unconstitutional by Justice Marshall, Gorsuch, Sotomayor, and many Others– who support revoking them.
• Jones (Merchant Marine) Act (1920)-is outdated; stifles competition, etc.; plus, unfairly imposes higher costs on Puerto Ricans who pay 40%…; badly hurts the Economy/progress; as a majority of States don’t pay this unfair hidden tax.
• PR doesn’t have Parity in Federal Funds like other US Citizens have (since 1898- has lost over $300+ billion)…
• Per US Constitution, PR is a US Territory under the US Congress. “Commonwealth” or “ELA (Free Associated State)” has NO legal meaning-are political distorted terms that confuse or fool People as to the true Constitutional Status. (The US Congress is not above the US Constitution to create a new Status or give up its Territorial Clause powers.)
“Even if one US Citizen can’t vote; is one too many!”
Our US Constitution has good things, but, initially it was biased/ racist. Today, we own our evolving US Constitution that is still left to misinterpretation… Thus, we must amend it to ensure Equal US Citizenship/Civil Rights; Justice for ALL.
God Bless our DIVERSE & UNITED noble USA!
ENCLOSURES
UPDATED: DENNIS O. FREYTES (MPA, MHR, BBA); US Army Ret; Servant Leader
FLORIDA VETERANS’ HALL OF FAME (FL Gov., House, Senate.)
Manager; Executive; Advisor (Business, Non-Profit, & Govt.)
*Advisory/Policy Boards-US President; Congress; Governors; Mayors
*FL Governor & US President’s Policy/Advisory Transition Teams
*Former-Trustee Valencia College; FL Senate confirmed twice
*Commander Infantry, Special Forces; Airborne School; Readiness Group
*Commander PACCE-Global Humanitarian Missions (Medical/Engineers/Other)
*Professor Military Science/Commander USA Officer School (ROTC Cadet Brigade)
“Judge on MERIT based on FAIRNESS!”
“Do GOOD as we UNITE with REASON to fight Wrong, Bad & Evil!”
UPDATE: TO: US Congress; US President CC: PR Governor; PR Resident Commissioner
RE: Support “Puerto Rico Status Act: HR 2757/ S 3231” (with Amendments)
SITUATION SUMMARY: Since 1898 (for over 125+ years), the Federal Government has kept the US Territory of Puerto Rico (PR)-(with more US Citizens than 21 States) under undemocratic control (with NO Federal “consent of the governed”) as we demand Equal Rights-Fairness for all “WE THE PEOPLE”; revocation of unjust Laws; a NON-Territorial Status!
Focus/FACTS–Today, millions of 2d class US Citizens-US Veterans (part of “We the People”) in PR have—
NO Vote for US President; NO just Representation in US Congress; NO Parity in Federal Laws, Programs, or Funding (like for Veterans, Social Security, MEDICARE, MEDICAID, Infrastructure, Education, SSI, and other programs) that other US Citizens fully get; NO permanent statutory US Citizenship (even if moving to a State)…!
Plus, the Federal Government unfairly controls PR’s Borders, Currency, Laws, Security, Economy, Trade, etc.—under the old Territorial Clause (of 1787); unjust racist Insular Cases (of 1901-1925+); other biased Laws—where, incongruently, the US Constitution is not fully applied to US Citizens-US Veterans in Puerto Rico!
“The Federal Government should be the Servant of ALL the People; NOT the Master of some!”
FIX: The US Congress is contemplating the historic HR-2757/S-3231—“Puerto Rico Status Act” which is a good step forward, but, needs to be amended to reflect proper/viable constitutional status definitions below.
(See Enclosure: “END PR’s Federal undemocratic control; Equal US Citizenship-Rights, now!”)
PROBLEMS/DISCUSSION/ANALYSISI: PR Status Act—Summary–
The STATUS DEFINITIONS need to be amended because they confuse People as to what is “Independence” and “Independence with Free Association Pact” (incorrectly called “Sovereignty with Free Association”); and they include a statutory US Citizenship and Federal benefits for Life which goes against the evidence—a statutory US Citizenship is not permanent; will be lost under Independence (With or Without a Free Association Pact). (See Enclosures)
1. The draft bill wrongly “doublespeak’s”, under Independence and Independence with Free Association Pact; first it says—“Puerto Rico has full authority and responsibility over its citizenship and immigration laws, and birth in Puerto Rico or relationship to persons with statutory United States citizenship by birth in the former territory shall cease to be a basis for United States nationality or citizenship, “Then turns around (on what authority or basis?) to state–
“…except that persons who have such United States citizenship have a right to retain United States nationality and citizenship for life, by entitlement or election as provided by Federal law.” (Not in US Constitution…)
2. Buried in page 39, it states that US Citizenship benefits would continue under Independence/ Free Association. “RIGHTS AND BENEFITS.—All vested rights and benefits which accrue to residents of the territory of Puerto Rico under the laws of the United States from past services or contributions… shall not be interrupted after the proclamation of international sovereignty through free association but will continue…” Besides, it says the US Congress would mandate that the PR Government will control Federal Programs and give out Federal Funds…which an Independent Nation can’t do because of its Sovereignty that is not under the US Constitution…
3. There are many instances under Independence and Independence with Free Association Pact–where the US Congress mandates what the Sovereign PR Government must do, like, manage Federal Benefits funds for “Life statutory US Citizens” (that must comply with some US Laws that include paying some Federal taxes; military draft…, etc.).
** On what Constitutional ground or US Supreme decision/basis or precedence can the Federal Government: provide a collective permanent or for Life “statutory US Citizenship” (which is based on the Territorial Clause, revocable-1917 Jones Act & 8th USC, and the racist Insular Cases (which limit US Constitution application and end upon Independence)? Plus, mandate a foreign Country (if PR were Independent with a sovereign PR Constitution) to incongruently enforce US Constitution/ Federal Laws; pay benefits to statutory US Citizens that must obey Federal Laws—which includes payment of some Federal foreign taxes, enrollment in the Selective Service program, etc.
Answer: It’s not found in US Constitution or US Supreme Court decisions or any legal precedence has been established to allow the “PR Status Act”– the ability to provide for Life or permanent statutory US Citizenship with benefits.
• 3. The order of Status definitions should be: STATEHOOD vs INDEPENDENCE or INDEPENDENCE with Free Association Pact. (PR have voted in the last 3 local Plebiscites for STATEHOOD)
Some Facts:
• Puerto Rico falls under the Territorial Clause; racist Insular Cases (which end upon Independence) as the US Supreme Court (Insular Cases) has established that the US Constitution doesn’t fully apply to Puerto Rico, except for some broad rights that have not been defined. (Harris v Rosario-1980)…
• Only Statehood guarantees a permanent statutory US Citizenship as the US Constitution/Laws END upon Independence. PR statutory US Citizens (by Territorial Clause-Jones Act/1917-racist Insular Cases…), in the STATES, have a Stake in this just Fight– as they can lose a non-permanent statutory US Citizenship… Thus, our US Congress must let PR statutory (un-permanent) US Citizens in the States Vote in any Federal Plebiscite to end PR’s Territorial Status or “Naturalize” them, per the 14th Amendment (which only applies to those individuals Born or Naturalized in a State. (It doesn’t mention Territories or collective Citizenship…)
RECOMMENDATIONS: Take out statutory US Citizenship & Federal Benefits is for Life because the evidence/facts (per enclosures), point out that upon Independence (without or with Free Association Pact) collective statutory US Citizenship will be lost… Thus, include the following Status definition changes: (EXAMPLE)
• STATEHOOD-MEANS: Admission to our diverse “UNION of STATES”– under US Constitution/ Laws/ Democracy; EQUAL US Citizenship with full Rights, Benefits, and Responsibilities; with PR-STATE Identity, Constitution, Flag, Sovereignty… as other States & other US Citizens have…
• INDEPENDENCE- MEANS: Puerto Rico National Sovereignty; PR Constitution/Laws, PR Citizenship…; with loss of US Constitution & statutory US Citizenship, Rights, and Benefits… …“Puerto Rico has full authority and responsibility over its citizenship and immigration laws, and birth in Puerto Rico or relationship to persons with statutory United States citizenship by birth in the former territory shall cease to be a basis for United States nationality or citizenship…“
o INDEPENDENCE with Free Association PACT-MEANS: Puerto Rico National Sovereignty; PR Constitution/ Laws, PR Citizenship…; with loss of US Constitution & statutory US Citizenship, Rights, and Benefits… But, with a negotiated/limited PACT between Independent Nations on Terms (like trade, defense, etc.) that can be terminated by either side… Puerto Rico has full authority and responsibility over its citizenship and immigration laws, and birth in Puerto Rico or relationship to persons with statutory United States citizenship by birth in the former territory shall cease to be a basis for United States nationality or citizenship“
–NOTES: (See Enclosures)
1. US Citizenship (Types/Basis/Sources) Summary; Key Points
• Individual Birthright Citizenship-“jus soli” (right of soil) per the 14th Amendment (States: “All persons born or naturalized in the United States…are citizens of the US and of the State wherein they reside.” (unquestioned permanent US Citizenship) (US Territories are NOT mentioned or included…)
• Naturalization Citizenship (Individual)—process through which immigrants from other countries can also become citizens if they wish to … (per 14th Amendment) (unquestioned permanent US Citizenship)
• Acquired Citizenship (“jus sanguinis”-right of blood by descent) – those born in other Countries that acquired US citizenship from their US Citizen Parents-… (per US Congress-8 USC Code)
• Collective Statutory US Citizenship- per the US Territorial Clause; Insular Cases (1901-1925+); Jones Act (1917); 8 USC Code §1402 (which can be amended or revoked)–Ends upon Independence… https://www.britannica.com/event/Jones-Shafroth-Act -The US Supreme Court (Insular Cases) has wrongly established that the US Constitution doesn’t fully apply to Puerto Rico, except for some broad rights that have not been defined (+Harris v Rosario-1980/Other Cases)…
2. The US Congress– is not above the US Constitution (Territorial Clause) or US Supreme Court Decisions; shouldn’t mislead People to Vote based on wrong assumptions (statutory US Citizenship/ benefits are for Life…). Besides, the US Constitution/Laws like the Territory Clause, racist Insular Cases (US Constitution doesn’t fully apply to un-incorporated Territories…), 1917 Jones Act, etc., end upon Independence.
3. The US Constitution, Territorial Clause, unjust Insular Cases/other unequal laws, and the 1917 Jones Act that provided for an un-fair “statutory US Citizenship”- will end upon Independence (with or without Free Association Pact). PR would no longer be a US Territory, but, a Sovereign Nation that defines its own PR Constitution, Laws, and PR Citizenship…
4. There is no permanent Group (blanket issued) or Individual dual statutory US Citizenship in our US Constitution or in US Supreme Court decisions.
5. A Nation can’t be Sovereign or independent with the Citizenship of another Nation… (Where would the loyalty be?)
The Federal Government should be the Servant of ALL the People; NOT the Master of some!
This is a Patriotic just cause! The People with Equal US Citizenship/ Rights come first, not a “separate & unequal” Status! In our US Republic, the power should reside with all “We the People” (made up by Individuals)–per our Declaration of Independence that calls for “Consent of the Governed”; noble US Constitution that calls for Equal Rights-Fairness, and a Republican form of Government or a Representative Democracy!
“NO Federal VOTE or just Representation; results in NO Democracy or a Tyranny of a Majority!”
The “PR Status Act” is a historic good non-partisan bill that needs to be enacted as per amendments above/below. The Federal Government must redress a wrong; provide an Equal US Citizenship for all “WE THE PEOPLE”; END the Federal undemocratic control of the US Territory of Puerto Rico. United with Truth, Reason, Justice, and Civic ACTION for the Good of all “We the People”! THANKS!