Columna–Statutory US Citizenship – Ciudadanía No Constitucional y que nos la Pueden Quitar

Columna–Statutory US Citizenship

Faisel Iglesias

El pacto social posmoderno (Spanish Edition)

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El jueves, junio 16, 2022, 12:52 p. m., Dennis Freytes <dennisfreytes@hotmail.com> escribió:

Hola!

-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… (unquestioned permanent US Citizenship)
  • Naturalization Citizenship—process through which immigrants from other countries can also become citizens if they wish to … (per 14th Amendment) (unquestioned permanent US Citizenship)
  • Acquired Citizenship— acquiring citizenship from US Citizen parents; by descent from a State’s national (jus sanguinis)… (per 8 USC Code, per US Congress)

    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 state 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 incongruently in “Legal Limbo” as “unincorporated”, it belongs to the US, but, it’s not part of the US or 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…)  

    *The 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 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 8th 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 14th 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 14th 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!”**  

Until there is a clear Decision by the Supreme Court, today, the facts point to that there are two main sources of US Citizenship—One permanent– fully protected by the 14th Amendment; the Other– is statutory or “by Law”– which is un-permanent (for un-incorporated US Territories), not fully protected, as any Law can be amended or revoked by the US Congress or cease to exist under Independence…

 

The US Territory of Puerto Rico is Federally undemocratically ruled by the US Congress, under the Territorial Clause; and the US Supreme Court Insular Cases (1901-1925+) that covertly,  are incongruently based on racism and discrimination, until Today! There are indicators/ evidence that attest–a statutory US Citizenship is not permanent by its very nature. (Even though there are no clear US Supreme Court rulings or settled law, but, some evidence is below.)

 

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

 

ENCLOSURE: FACTS & SOURCES-Statutory US Citizenship is unpermanent  

**We need to strive for the truth-facts, proper analysis, and true Justice based on the reasonable merits of the case, based on equality! Unjust Laws must be overturned!  

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… (unquestioned permanent US Citizenship)
  • Naturalization Citizenship—process through which immigrants from other countries can also become citizens if they wish to … (per 14th Amendment) (unquestioned permanent US Citizenship)
  • Acquired Citizenship— acquiring citizenship from US Citizen parents; by descent from a State’s national (jus sanguinis)… (per 8 USC Code, per US Congress)  

    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 state 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 incongruently in “Legal Limbo” as “unincorporated”, it belongs to the US, but, it’s not part of the US or 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…)  

    *The US Congress can amend or revoke any Laws-Codes it makes… IAW the US Constitution…
  • The 14th Amendment states“All Persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the US and of the State wherein they reside…”
  • The 14th Amendment doesn’t mention “Territory” or being born as a statutory US Citizen in an “un-incorporated” US Territory… It mentions you are a US Citizen of the “State wherein they reside…” Thus, protecting those born in the States or Naturalized in the States; and not protecting statutory US Citizenship which is at the will of our US Congress, and per the Insular Cases (1901-1925+/ Downes vs Bidwell and Balzac vs Porto Rico that generally state: “Puerto Rico is a US Territory; more foreign than domestic; belongs to; but, is NOT part of the US”…
  • “The in-applicability of 14th Amendment outside a State of the Union also explains why for “unincorporated” territories like Puerto Rico Congress had to enact a FEDERAL STATUE (8 USC 1402) to provide statutory rather than constitutional birthright citizenship based on birth in Puerto Rico.” Any Laws US Congress makes can be amended (like it has done before) or revoked (that can be done, if Puerto Ricans choose Independence–with or without a PACT of free Association)…
  • US President Task Force on PR Status (2004 & 2006) “If P.R. were to become independent «… those…who had U.S. Citizenship only by statute would cease to be citizens of the United States, unless a different rule were prescribed by legislation…» (Page 9) (US Congress can revoke a Statutory US Citizenship, even if residing in a State… But, it has no power in an Independent Nation. However, it’s very doubtful US Congress can legislate a permanent statutory US Citizenship-because there is no authority to do so under the US Constitution or Supreme Court Cases, and per other facts. 
  • Afroyim v. Rusk (1967), established that citizens of the United States cannot be deprived of their citizenship involuntarily. But—
  • The national citizenship clause of the 14th Amendment to the U.S. Constitution is not the source of U.S. citizenship for any person born in Puerto Rico. That means the Afroyim case defining constitutional citizenship rights, applies only to U.S. citizens born or naturalized under the 14th Amendment as it applies in a State of the Union.
  • It was not the Afroyim ruling, but rather the case of Rogers v. Bellei in which the U.S. Supreme Court ruled on the legal nature of U.S. citizenship granted at the discretion of Congress by federal statutory law, based on birth or naturalization outside a State of the Union. Puerto Rico is a U.S. territory that has not been “incorporated” under the U.S. Constitution, so the national citizenship clause of the 14th Amendment as interpreted in the Afroyim case is not the source of citizenship in the territory.
  • US Attorney General Dick Thornburg (& Under Secretary of the United Nations)—in “THE STATUS OF PUERTO RICO A CONSTITUTIONAL FRAMEWORK FOR SELF-DETERMINATION” (2007) and in other Writings States: 
  • In Rogers v. Bellei 401 U.S. 815 (1970), regarding the nature of statutory citizenship is consistent with the conclusion that even a statutory extension of the Fourteenth Amendment to Puerto Rico could not limit the discretion of Congress to amend or repeal that statutory extension.” *NOTE: “It confirms that Congress can grant citizenship to persons who don’t acquire it under the 14th Amendment, but all such statutory citizenship laws exist at the pleasure of Congress. That means Congress can make acquisition and retention of statutory citizenship conditional and REVOCABLE.” Also, that federal citizenship laws remain subject to amendment or repeal as to persons born outside a State of the Union, including those born in “unincorporated” territories like Puerto Rico.
  • US v. Wong Kim Ark. Wong…: U.S. Supreme Court ruled on the legal nature of statutory citizenship for children “born abroad,” which means outside a State of the Union, including territory under U.S. sovereign rule but, not incorporated under the U.S. Constitution… (per Insular Cases). Ruling: “The first sentence of the Fourteenth Amendment has no application…The claim thus must center in the statutory power of Congress…”
  • CONGRESSIONAL RESEARCH SERVICE (1989)– confirmed that Puerto Rico belongs to the United States but is not in the United States. “Whatever its exact status and relationship to the United States,” CRS cautioned, “Puerto Rico is not itself in the United States.” The 14th amendment, according to CRS, therefore doesn’t apply to people born in Puerto Rico.
  • The 1997 Congressional GAO Report-U.S. INSULAR AREAS Application of the U.S. Constitution, states: “Citizenship is derived either from the Fourteenth Amendment to the Constitution or from a specific STATUS that confers citizenship on the inhabitants of an area that, although not a state, is under the sovereignty of the United States. Such legislation has been enacted for Puerto Rico (8 USC § 1402)…”
  • Tuaua v. United States (2016)- CONFIRMED- the legal nature of U.S. nationality and citizenship law in “unincorporated” territories. Says–the Constitution’s 14th amendment does not fully apply to people born in a U.S. Territory, per, Territorial Clause and INSULAR CASES-which DECIDED– that the U.S. Constitution doesn’t fully apply to unincorporated territories like Puerto Rico… This is standing Law…  *On June 13, 2016, the US Supreme Court denied certiorari,[7] meaning the case will not be heard, and the lower court’s ruling stands. Thus:
  • People born “unincorporated” U.S. territories (Puerto Rico) do not have any right to U.S. citizenship under the U.S. Constitution as it applies in a State of the Union. Rather, persons who are not born in a State of the Union do not acquire citizenship unless Congress exercises its discretionary power to grant citizenship by statute (that can be revoked).
  • That is why federal statute law (8 USC 1401) had to be enacted to provide for naturalization of persons born outside a State of the Union based on relationship to a U.S. citizen parent.
  • The U.S. Court of Appeals for the District of Columbia ruled 3–0 to deny birthright citizenship to American Samoans, ruling that the guarantee of such citizenship to citizens in the Fourteenth Amendment does not apply to “unincorporated” U.S. Territories (like Puerto Rico).
  • This truth is masked in a recent U.S. Department of Justice letter and White House reports on Puerto Rico’s status also have been somewhat vague, but at least recognize that even sovereignty with a treaty of Free Association is a form of Independence leading to loss of US Citizenship…
  • Congressional Reports adopted by Committees with jurisdiction for Territories, as well as Congressional Research Service, reports, make it clear U.S. Citizenship will end if U.S. sovereignty ends in Puerto Rico. See U.S. House of Representatives Report 105-131, Part 1, pp. 13-14; pp. 35-38.
  • 8 USC CodeCH 12, SUB-CH III: NATIONALITY & NATURALIZATION-can be amended or revoked by US Congress).  

*Part I Nationality at Birth and Collective Naturalization:    

  • Code §1401. Nationals and citizens of United States at birth US Citizenship (Covers all US Citizens–including Sen. McCain, but, not statutory US Citizens which are covered under a different Status-Code… (Maybe so it can be easier to amend, revoke or change in the future…?)
  • Code §1402 “All persons born in Puerto Rico on or after April 11, 1899, and prior to January 13, 1941, subject to the jurisdiction of the United States, residing on January 13, 1941, in Puerto Rico or other territory over which the United States exercises rights of sovereignty and not citizens of the United States under any other Act, are declared to be citizens of the United States as of January 13, 1941. All persons born in Puerto Rico on or after January 13, 1941, and subject to the jurisdiction of the United States, are Citizens of the US at birth.”  **NOTE:  Statutory US Citizenship is by a Law that can be revoked and it is not by “birthright”… nor fully protected by the 14th Amendment nor Due Process (which doesn’t cover suffrage…; see below.)
  • The question–Why wasn’t the statutory US Citizens from the” unincorporated” US Territory of Puerto Rico included in the amended Part I §1401— that includes all other Citizens of the US as “birthright”  and “jus soli” (right of soil) or under *Part II: Nationality Through Naturalization-(doesn’t mention statutory US Citizenship or Territories…)?
  • Answer: Because, statutory US Citizenship can be revoked; is non-permanent!

**U.S. Supreme Court ruled(US v. Wong Kim Ark. Wong…): on the legal nature of statutory citizenship for children “born abroad,” which means outside a State of the Union, including territory under U.S. sovereign rule but, not incorporated under the U.S. Constitution:

  • “The first sentence of the Fourteenth Amendment has no application…The claim thus must center in the statutory power of Congress…’naturalization by descent’ was…dependent, instead, upon statutory enactment…’But it [the first sentence of the Fourteenth Amendment] has not touched the acquisition of citizenship by being born abroad of American parents; and has left that subject to be regulated, as it had always been, by Congress, in the exercise of the power conferred by the Constitution to establish an uniform rule of naturalization.’ …there emerged an express constitutional definition of citizenship. But it was one restricted…
  • The definition obviously did not apply to any acquisition of citizenship by being born abroad of an American parent. That type, and any other not covered by the Fourteenth Amendment, was necessarily left to proper congressional action…
  • The Court has specifically recognized the power of Congress not to grant a United States citizen the right to transmit citizenship by descent…This takes us, then, to the issue of the constitutionality of the exercise of that congressional power when it is used…We conclude that its imposition is not unreasonable, arbitrary, or unlawful, and that it withstands the present constitutional challenge…
  • Congress has no ‘power, express or implied, to take away an American Citizen’s citizenship without his assent,’ Afroyim v. Rusk…But, as pointed out above, these were utterances bottomed upon Fourteenth Amendment citizenship and that Amendment’s direct reference to ‘persons born or naturalized in the United States.’
  • We do not accept the notion that those utterances are now to be judicially extended to citizenship not based upon the Fourteenth Amendment and to make citizenship an absolute. That it is not an absolute is demonstrated by the fact that even Fourteenth Amendment citizenship by naturalization, when unlawfully procured, may be set aside…A contrary holding would convert what is congressional generosity into something unanticipated and obviously undesired by the Congress…”
  • US v Vaello-Madero  (21 APR 2022)-US Supreme Court unjustly Rules-Congress was within its power to exclude Puerto Rican from a benefits program (SSI-Supplemental Security Income) for the very old, poor and disable that’s available in all 50 states and the District of Columbia– which implies the US Constitution does not fully apply to all “WE THE PEOPLE” as it upheld the  Federal unequal treatment of fellow US Citizens-US Veterans in the US Territory of Puerto Rico (since 1898).
  • The Court (both Republican and Democrat appointees) held by an 8-1 vote that it was not unconstitutional for the Federal Government to deny equal rights or benefits that other US Citizens have to US Citizen-US Veterans in Puerto Rico. They failed to support the People, as they supported Federal oppression!
  • In dissent, Justice Sotomayor responded, “In my view, there is no rational basis for Congress to treat needy citizens living anywhere in the United States so differently from others. To hold otherwise, as the Court does, is irrational and antithetical to the very nature of the SSI program and the equal protection of citizens guaranteed by the Constitution. I respectfully dissent.”
  • Also, Justice Gorsuch wrote—that the Insular Cases needed to be overturned. “The flaws in the Insular Cases are as fundamental as they are shameful! The Insular Cases have no foundation in the Constitution and rest instead on racial stereotypes. They deserve no place in our law.”

 

US Attorney General Thornburg further states: “Four million U.S. citizens live under the U.S. flag in Puerto Rico, yet they can neither vote for president nor have voting representation in Congress, which enacts the federal laws under which they live. Residents of Puerto Rico and other U.S. territories are deprived of basic rights of self-determination that U.S. citizens generally enjoy and that the United States has committed itself to achieving for peoples around the globe.”

 

“Political gridlock in Congress and in Puerto Rico has stymied efforts to put Puerto Rico on a path toward a permanent political status that ensures full self-government for its residents. If Congress does not act soon, U.S. courts may be asked to give more serious consideration to whether the residents of Puerto Rico and other U.S. territories have full political and human rights under U.S. and international law that can no longer be ignored by the political branches of government.”

FIX: We Patriots PETITION our US Congress to provide Fairness-Equal Rights to all; let Puerto Ricans VOTE/ DECIDE on clearly defined Non-Territorial Options (without misinformation or standards that weren’t applied to other Territories). These only are (per US Justice Department, and other Sources) Statehood vs Independence (Without or With a PACT of Free Association)…

  • 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…
  • 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…  

    Best Option: “PR EQUALITY & PROGRESS with STATEHOOD!”  

    In our UNION-each State complements; strengthen the other States—works for the Good of All!  

    “En la UNIÓN está la Fuerza!”  

    Only Statehood guarantees a permanent statutory US Citizenship! Thus, those with a Statutory (by Law- based on the Territorial Clause) US Citizenship (even if residing in a State)–have a stake in the fight, because they can lose their statutory US Citizenship under Independence (where the US Constitution doesn’t apply) or if the US Congress revokes the 1917 Jones Act…  

    Patriots cry- “Equality for a more perfect UNION!”  

    XXX  

Also– The US Congress, under the US Constitution–can’t negotiate with a US Territory, but it can make an offer for a Pact of Free Association (like with the Marshal Islands, Micronesia, and Palu) to be finally negotiated and signed upon Independence… Thus, should there be disagreement, the PACT will not be signed; Puerto Rico then is left with Independence without a Pact… Thus, this Option must be clear and called: Independence with a Pact of Free Association (including the above description)…

XXX  

Provide your input at US House Natural Resources Committee POPVOX (must register first)-

https://www.popvox.com/us/federal/prop/117/3  

*NOTE: Puerto Rico quest for equality is not only based on the Status group question, but, more crucial is based on having equal individual Civil Rights for all.  As we navigate the Puerto Rico inequality group question and fix, we have to be mindful of nonsensical Lawyer or Court “gibberish” or “double-speak” that tries to have it both ways; negate true Justice!  

STILL SERVING; Do Right-fight for the Good of ALL! V/R,  

Dennis (Denny) ​(PH: 407-298-1151)

DENNIS O. FREYTES (MPA, MHR, BBA); US Army Ret.; Servant Leader  

FLORIDA VETERANS’ HALL OF FAME (FL Governor; House; Senate)  

*Advocate-Fairness/Equality; US Veterans; NAPREC Board 

*Advisory/Policy Boards-US President; Congress; Governor; Mayors

*Former-Trustee Valencia College (by FL Governor; Senate-confirmed)

*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)

WE LEAVE NO AMERICAN VETERAN or 1st RESPONDER BEHIND! 

«Judge on MERIT based on empirical FACTS; FAIRNESS!»

Para trabajar por la Estadidad: https://estado51prusa.com Seminarios-pnp.com https://twitter.com/EstadoPRUSA https://www.facebook.com/EstadoPRUSA/

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Para trabajar por la Estadidad: https://estado51prusa.com Seminarios-pnp.com https://twitter.com/EstadoPRUSA https://www.facebook.com/EstadoPRUSA/
Para trabajar por la Estadidad: https://estado51prusa.com Seminarios-pnp.com https://twitter.com/EstadoPRUSA https://www.facebook.com/EstadoPRUSA/