Puerto Rico Status Act Discussion Draft | POPVOX

Hola! Please, see below (attached with enclosure) the «PR Status Act» (draft) comments/input (based on research and facts); the draft Act.  THANKS! Dennis

PS: Provide your input at US House POPVOX (must register first): 

Puerto Rico Status Act Discussion Draft | POPVOX

“Patriots call to Arms-Equality for a more perfect Union!” 

PR Status Bill Draft (MAY 2022)—Comments (based on Research-Facts): 

(Dennis O. Freytes-Florida Veterans Hall of Fame; former PMS-Professor UPR…) 

The announced (19 MAY 2022) DRAFT Bill (not yet introduced) called the “Puerto Rico Status Act” by US House Majority Leader Hoyer (who called for transparency & input), and Others is very comprehensive; provides the only constitutional viable non-territorial Options; a Federal sanctioned Plebiscite that lets US Citizens-US Veterans in the US Territorial of Puerto Rico Vote to end Federal discrimination (since 1898)…  

The bill is crucial because the US Congress, in over 125 years, has not let the part of “We the People”–Vote to resolve this Federal inequality that strikes at the heart of our Republican Government…  

Overall, the PR Status Act (Draft) is generally a very good Step in the right direction for Puerto Rican Equal Rights; allows a Vote to end Federal inequality… BUT, it has some confusing parts that “double speak” or tries to have it both ways (ELA Soberano in disguise or Independence– with US Citizenship & benefits). Also, some of the Options, need to be better clarified, might not be Constitutional or logically right or misleading… Some suggestions are:  

1.      The Bill does not properly address millions of statutory US Citizens with a non-permanent statutory US Citizenship that live in the States; have a stake in the fight, but, can’t vote in the Plebiscite. Even though, it says that statutory US Citizens will keep their US Citizenship for life under Independence-Free Association (which can be misleading; it is questioned below), but, their Kids will not…  

*Where is the authority in the US Constitution for the US Congress to pass a statutory US Citizenship to an Independent Nation?  

*Thus, it should be added that statutory US Citizens in the States will be given an opportunity to become naturalized in the State they reside (IAW the 14^th Amendment of the US Constitution; not the 1917 Jones Act (permitted by  the Territorial Clause and Insular Cases), that will end, should Independence-Free Association win.  

*Remember millions of Puerto Ricans-statutory US Citizens reside in the States; should have a say… 

2.      Under Independence and Independence with Pact of Free Association it first 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 (double speaks) 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.”  

3.      Then, buried later it states that US Citizenship benefits would continue under Independence-Free Association…(Page 39) 

“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, such as rights and benefits for veterans or relatives of veterans of the Armed Forces of the United States, retired Government employees, or beneficiaries of old age, disability, or survivors’ insurance benefits under the Social Security Act, shall not be interrupted after the proclamation of international sovereignty through free association but will continue until such time as said rights and benefits are completely extinguished according to the applicable laws of the United States…” 

**On what authority does the US Congress makes a non-permanent statutory US Citizenship and benefits for “Life”? The US Congress is not above the US Constitution to exceed its authority or be misleading… 

• The US Congress has the right under the US Constitution, to amend or change any Laws or Codes it makes. A future Congress can do likewise. Thus, to state statutory Citizenship and benefits are for “Life” is misleading…BESIDES– 
• The Territorial Clause and Insular Cases, and the 1917 Jones Act that define statutory US Citizenship, Federal Laws, and the protection of the US Constitution–ENDS upon Independence where PR is no longer a US Territory; and there are US Supreme Court Decisions (below) that wrongly imply that the US Congress doesn’t have to fully apply the US Constitution to “unincorporated” US Territories ) like Puerto Rico…. (See Enclosure below)  
• There is no “Group” dual US Citizenship in our US Constitution (even though, to an extent, “Individual” dual Citizenship is permitted…).  
• A Nation can’t be independent with the Citizenship of another Nation. (See Enclosure below). 
  
  Thus, the Status Description of Independence or Independence with a Pact of Free Association should be correctly worded to reflect the above and below enclosure. Example: 

• STATEHOOD MEANS: Admission to our diverse “UNION of STATES”—with OWN– STATE Identity; Constitution; Flag; Sovereignty; EQUAL/permanent US Citizenship with full rights, benefits, and responsibilities… (as other States and other US Citizens-US Veterans have). 
• INDEPENDENCE– MEANS: Puerto Rican National Sovereignty with PR Constitution & PR Citizenship; gradual loss of 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, “ 
• INDEPENDENCE with PACT of Free Association- MEANS: Puerto Rican National Sovereignty with PR Constitution & PR Citizenship; gradual loss of statutory US Citizenship, Rights, and Benefits; a negotiated PACT (on Defense, Trade, Finance,…) that can be terminated by either side… Puerto Rican National Sovereignty with PR Constitution & PR Citizenship; gradual loss of 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, “ 

4.      Change the Ballot order- place Statehood first (since it has received the most Votes in local Plebiscites). 

5.      In order to avoid confusion…change “Sovereignty in Free Association w/US” to a better clear description that is- “Independence with a PACT of Free Association”. (Remember, Free Association is not a Status, but, the name of a PACT.) 

6.      In the Draft, under Independence-Free Association, there are many instances where it mandates what the US Constitution of PR must contain…; what a PR Independent Government must do… Can the Federal Government make mandates to an Independent Nation?  

–OTHER COMMENTS/ FACTS and SOURCES– 

*STATUTORY US CITIZENSHIP  is UN-PERMANENT*  

SUM: According to legal experts: Types-Sources of US Citizenship are:  

• Birthright Citizenship-“jus soli” (right of soil)—born in the US-in a State-per the 14th Amendment… 
• Acquired Citizenship— acquiring citizenship from US Citizen parents… (per 8 USC Code) 
• Naturalization Citizenship—process through which immigrants from other countries can also become citizens if they wish to… (per 14th Amendment) PLUS- 
• Statutory US Citizenship-per the US Territorial Clause (1789); Insular Cases (1901-1925+) –Allows for the US Congress to Legislate a non-permanent statutory US Citizenship (by Law-Code)… 
  *The source for statutory US Citizenship is the Territorial Clause, and the racist Insular Cases–that wrongly stated the US Constitution does not fully apply to so called “unincorporated” US Territories such as Puerto Rico (which is “more foreign than domestic, belongs to, but, is not part of the US–Soil”)…  
  *Remember Puerto Rico is in “legal Limbo” as “unincorporated”, it belongs to the US, but, it’s not another Country; the “Insular Cases” allow the US Constitution to not be fully applied to Puerto Rico… 
  *8 USC Code §1402-is only for Persons born in Puerto Rico (doesn’t mention “birthright” Citizenship…) 
  **US Congress can amend or revoke any Laws-Codes it makes… IAW the US Constitution…  

 Statutory US Citizenship is mainly governed by the old US Constitution’s Territory Clause (1787) that states: “US Congress shall have the power to dispose of and make all needful rules and regulations respecting the Territory and other Property belonging to the US…” And the “Insular Cases” (1901-1925 + based on racism and discrimination) that state (not in the US Constitution)—“Puerto Rico is an “unincorporated” US Territory that is more foreign than domestic, belongs to, but, is not part of the United States”.  (Other US Territories before Puerto Rico were NOT treated this way.) 

Statutory US Citizenship isn’t fully protected by the US Constitution’s 14th Amendment (1868), according to some US Supreme Court old decisions. It states: “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…” The Amendment does not mention “unincorporated” US Territories which incongruently are not considered part or soil of the US…  

There is no Constitutional Article, Law or Supreme Court Decision that mentions statutory US Citizens have a permanent US Citizenship… On the contrary, below are some US Supreme Court Decisions, Presidential and Congressional Reports; a US Attorney General, Federal Judges and Others that content the US Constitution does not fully apply to statutory US Citizens or an “unincorporated” US Territory. 

Thus, today, millions of statutory US Citizens, can be “born” US Citizens, but, don’t have a permanent “birthright” US Citizenship (which is not mentioned in the 8^th US Code for statutory US Citizens…), no matter where they reside (even in a State), because the US Congress can amend or revoke any Law or Code that a previous US Congress enacted… Also, the US Constitution’s Article 5th and Amendment 14^th don’t mention suffrage (Voting Rights) for “unincorporated” Territories, but, it fully applies only to STATES… 

Besides, once, there is Independence, a Nation has its own Sovereignty and Citizenship, after which (not before) it can enter into a Pact (like Free Association) between sovereign Nations… Thus, US Laws (like the Territorial Clause, Insular Cases, &1917-Jones Act which granted a statutory US Citizenship to Puerto Ricans), will cease to be in effect, and subject to no negotiation… Remember, in our US Constitution there is no mention of “Group Dual Citizenship” in a Foreign Country…  

A Nation can’t be Sovereign with the Citizenship of another Nation! Where would the National Loyalty lie? The US Congress doesn’t have the power to grant National US Citizenship to an Independent Nation or provide US Citizens with Federal benefits in another Country, under any Pact…  Thus, Puerto Rican statutory (by Law) US Citizenship will be lost, under Independence, per the below sources. 

Besides, statutory US Citizens that reside in the States have an equity interest because they can lose their statutory US Citizenship under Independence (or Free Association)… Thus, the US Congress must state in any Plebiscite– that statutory US Citizens residing in a State will not lose their US Citizenship (naturalize them under the 14^th Amendment) or let them Vote because the outcome affects them…  Only Statehood guarantees permanent US Citizenship! 

**Best Option: PR EQUALITY & PROGRESS with STATEHOOD!  

“En la Unión esta la Fuerza!”** 

ENCLOSURE: Facts and Sources-Statutory US Citizenship 
…

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Hola! Please, see below (attached with enclosure) the «PR Status Act» (draft) comments/input (based on research and facts); the draft Act.  THANKS! Dennis

PS: Provide your input at US House POPVOX (must register first): 

Puerto Rico Status Act Discussion Draft | POPVOX

“Patriots call to Arms-Equality for a more perfect Union!” 

PR Status Bill Draft (MAY 2022)—Comments (based on Research-Facts): 

(Dennis O. Freytes-Florida Veterans Hall of Fame; former PMS-Professor UPR…) 

The announced (19 MAY 2022) DRAFT Bill (not yet introduced) called the “Puerto Rico Status Act” by US House Majority Leader Hoyer (who called for transparency & input), and Others is very comprehensive; provides the only constitutional viable non-territorial Options; a Federal sanctioned Plebiscite that lets US Citizens-US Veterans in the US Territorial of Puerto Rico Vote to end Federal discrimination (since 1898)…  

The bill is crucial because the US Congress, in over 125 years, has not let the part of “We the People”–Vote to resolve this Federal inequality that strikes at the heart of our Republican Government…  

Overall, the PR Status Act (Draft) is generally a very good Step in the right direction for Puerto Rican Equal Rights; allows a Vote to end Federal inequality… BUT, it has some confusing parts that “double speak” or tries to have it both ways (ELA Soberano in disguise or Independence– with US Citizenship & benefits). Also, some of the Options, need to be better clarified, might not be Constitutional or logically right or misleading… Some suggestions are:  

1.      The Bill does not properly address millions of statutory US Citizens with a non-permanent statutory US Citizenship that live in the States; have a stake in the fight, but, can’t vote in the Plebiscite. Even though, it says that statutory US Citizens will keep their US Citizenship for life under Independence-Free Association (which can be misleading; it is questioned below), but, their Kids will not…  

*Where is the authority in the US Constitution for the US Congress to pass a statutory US Citizenship to an Independent Nation?  

*Thus, it should be added that statutory US Citizens in the States will be given an opportunity to become naturalized in the State they reside (IAW the 14^th Amendment of the US Constitution; not the 1917 Jones Act (permitted by  the Territorial Clause and Insular Cases), that will end, should Independence-Free Association win.  

*Remember millions of Puerto Ricans-statutory US Citizens reside in the States; should have a say… 

2.      Under Independence and Independence with Pact of Free Association it first 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 (double speaks) 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.”  

3.      Then, buried later it states that US Citizenship benefits would continue under Independence-Free Association…(Page 39) 

“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, such as rights and benefits for veterans or relatives of veterans of the Armed Forces of the United States, retired Government employees, or beneficiaries of old age, disability, or survivors’ insurance benefits under the Social Security Act, shall not be interrupted after the proclamation of international sovereignty through free association but will continue until such time as said rights and benefits are completely extinguished according to the applicable laws of the United States…” 

**On what authority does the US Congress makes a non-permanent statutory US Citizenship and benefits for “Life”? The US Congress is not above the US Constitution to exceed its authority or be misleading… 

• The US Congress has the right under the US Constitution, to amend or change any Laws or Codes it makes. A future Congress can do likewise. Thus, to state statutory Citizenship and benefits are for “Life” is misleading…BESIDES– 
• The Territorial Clause and Insular Cases, and the 1917 Jones Act that define statutory US Citizenship, Federal Laws, and the protection of the US Constitution–ENDS upon Independence where PR is no longer a US Territory; and there are US Supreme Court Decisions (below) that wrongly imply that the US Congress doesn’t have to fully apply the US Constitution to “unincorporated” US Territories ) like Puerto Rico…. (See Enclosure below)  
• There is no “Group” dual US Citizenship in our US Constitution (even though, to an extent, “Individual” dual Citizenship is permitted…).  
• A Nation can’t be independent with the Citizenship of another Nation. (See Enclosure below). 
  
  Thus, the Status Description of Independence or Independence with a Pact of Free Association should be correctly worded to reflect the above and below enclosure. Example: 

• STATEHOOD MEANS: Admission to our diverse “UNION of STATES”—with OWN– STATE Identity; Constitution; Flag; Sovereignty; EQUAL/permanent US Citizenship with full rights, benefits, and responsibilities… (as other States and other US Citizens-US Veterans have). 
• INDEPENDENCE– MEANS: Puerto Rican National Sovereignty with PR Constitution & PR Citizenship; gradual loss of 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, “ 
• INDEPENDENCE with PACT of Free Association- MEANS: Puerto Rican National Sovereignty with PR Constitution & PR Citizenship; gradual loss of statutory US Citizenship, Rights, and Benefits; a negotiated PACT (on Defense, Trade, Finance,…) that can be terminated by either side… Puerto Rican National Sovereignty with PR Constitution & PR Citizenship; gradual loss of 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, “ 

4.      Change the Ballot order- place Statehood first (since it has received the most Votes in local Plebiscites). 

5.      In order to avoid confusion…change “Sovereignty in Free Association w/US” to a better clear description that is- “Independence with a PACT of Free Association”. (Remember, Free Association is not a Status, but, the name of a PACT.) 

6.      In the Draft, under Independence-Free Association, there are many instances where it mandates what the US Constitution of PR must contain…; what a PR Independent Government must do… Can the Federal Government make mandates to an Independent Nation?  

–OTHER COMMENTS/ FACTS and SOURCES– 

*STATUTORY US CITIZENSHIP  is UN-PERMANENT*  

SUM: According to legal experts: Types-Sources of US Citizenship are:  

• Birthright Citizenship-“jus soli” (right of soil)—born in the US-in a State-per the 14th Amendment… 
• Acquired Citizenship— acquiring citizenship from US Citizen parents… (per 8 USC Code) 
• Naturalization Citizenship—process through which immigrants from other countries can also become citizens if they wish to… (per 14th Amendment) PLUS- 
• Statutory US Citizenship-per the US Territorial Clause (1789); Insular Cases (1901-1925+) –Allows for the US Congress to Legislate a non-permanent statutory US Citizenship (by Law-Code)… 
  *The source for statutory US Citizenship is the Territorial Clause, and the racist Insular Cases–that wrongly stated the US Constitution does not fully apply to so called “unincorporated” US Territories such as Puerto Rico (which is “more foreign than domestic, belongs to, but, is not part of the US–Soil”)…  
  *Remember Puerto Rico is in “legal Limbo” as “unincorporated”, it belongs to the US, but, it’s not another Country; the “Insular Cases” allow the US Constitution to not be fully applied to Puerto Rico… 
  *8 USC Code §1402-is only for Persons born in Puerto Rico (doesn’t mention “birthright” Citizenship…) 
  **US Congress can amend or revoke any Laws-Codes it makes… IAW the US Constitution…  

 Statutory US Citizenship is mainly governed by the old US Constitution’s Territory Clause (1787) that states: “US Congress shall have the power to dispose of and make all needful rules and regulations respecting the Territory and other Property belonging to the US…” And the “Insular Cases” (1901-1925 + based on racism and discrimination) that state (not in the US Constitution)—“Puerto Rico is an “unincorporated” US Territory that is more foreign than domestic, belongs to, but, is not part of the United States”.  (Other US Territories before Puerto Rico were NOT treated this way.) 

Statutory US Citizenship isn’t fully protected by the US Constitution’s 14th Amendment (1868), according to some US Supreme Court old decisions. It states: “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…” The Amendment does not mention “unincorporated” US Territories which incongruently are not considered part or soil of the US…  

There is no Constitutional Article, Law or Supreme Court Decision that mentions statutory US Citizens have a permanent US Citizenship… On the contrary, below are some US Supreme Court Decisions, Presidential and Congressional Reports; a US Attorney General, Federal Judges and Others that content the US Constitution does not fully apply to statutory US Citizens or an “unincorporated” US Territory. 

Thus, today, millions of statutory US Citizens, can be “born” US Citizens, but, don’t have a permanent “birthright” US Citizenship (which is not mentioned in the 8^th US Code for statutory US Citizens…), no matter where they reside (even in a State), because the US Congress can amend or revoke any Law or Code that a previous US Congress enacted… Also, the US Constitution’s Article 5th and Amendment 14^th don’t mention suffrage (Voting Rights) for “unincorporated” Territories, but, it fully applies only to STATES… 

Besides, once, there is Independence, a Nation has its own Sovereignty and Citizenship, after which (not before) it can enter into a Pact (like Free Association) between sovereign Nations… Thus, US Laws (like the Territorial Clause, Insular Cases, &1917-Jones Act which granted a statutory US Citizenship to Puerto Ricans), will cease to be in effect, and subject to no negotiation… Remember, in our US Constitution there is no mention of “Group Dual Citizenship” in a Foreign Country…  

A Nation can’t be Sovereign with the Citizenship of another Nation! Where would the National Loyalty lie? The US Congress doesn’t have the power to grant National US Citizenship to an Independent Nation or provide US Citizens with Federal benefits in another Country, under any Pact…  Thus, Puerto Rican statutory (by Law) US Citizenship will be lost, under Independence, per the below sources. 

Besides, statutory US Citizens that reside in the States have an equity interest because they can lose their statutory US Citizenship under Independence (or Free Association)… Thus, the US Congress must state in any Plebiscite– that statutory US Citizens residing in a State will not lose their US Citizenship (naturalize them under the 14^th Amendment) or let them Vote because the outcome affects them…  Only Statehood guarantees permanent US Citizenship! 

**Best Option: PR EQUALITY & PROGRESS with STATEHOOD!  

“En la Unión esta la Fuerza!”** 

ENCLOSURE: Facts and Sources-Statutory US Citizenship 
…

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PR Status Bill – https://mail.google.com/mail/u/0?ui=2&ik=4162e8b4f3&attid=0.1&permmsgid=msg-f:1733713225957117594&th=180f62fe4f920e9a&view=att&disp=safe

PR Status Draft – https://mail.google.com/mail/u/0?ui=2&ik=4162e8b4f3&attid=0.2&permmsgid=msg-f:1733713225957117594&th=180f62fe4f920e9a&view=att&disp=inline