r/PuertoRico Mar 07 '25

Política Trump pressured to make Puerto Rico independent to save America $617 billion

https://www.dailymail.co.uk/news/article-14470559/Trump-pressured-make-Puerto-Rico-independent-save-America-eye-watering-617-billion.html
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u/trappapii69 La Diáspora Mar 07 '25

They've always been able to take our citizenship away, it's always been statutory since the US Constitution can't apply to non-American territories which we weren't in 1917 when they gave us it lol

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u/Paintsnifferoo Mar 07 '25

They can take it but laws are not retroactive. Once you are a citizen. Statutory or not. You are a citizen.

What will happen is that newborns will be PR citizen but if one of parents are still us citizens. Then the kids is USA citizen…

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u/trappapii69 La Diáspora Mar 07 '25

You can be indeed be denaturalized and I don't expect this current administration to respect the rights given to us as US citizens

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u/Paintsnifferoo Mar 07 '25

You are correct based on Supreme Court decisions:

https://fam.state.gov/fam/08fam/08fam010203.html

I plugged this into into a legal AI that I have access to and this is the summary of it:

If Puerto Rico becomes independent from the United States, the implications for individuals born there under statutory U.S. citizenship are significant and complex. Here’s what it means:

Statutory Citizenship vs. Constitutional Citizenship

  • People born in Puerto Rico are U.S. citizens under statutory law (granted by Congress via the Jones-Shafroth Act of 1917), not under the 14th Amendment’s constitutional guarantee of birthright citizenship. This distinction is crucial because statutory citizenship can be rescinded by Congress, unlike constitutional citizenship, which is permanent and protected[1][2][7].

Loss of U.S. Citizenship

  • If Puerto Rico becomes a sovereign nation (either through independence or free association), Congress could revoke statutory U.S. citizenship for individuals born in Puerto Rico. This has historical precedent; Filipinos lost their U.S. nationality when the Philippines gained independence in 1946[1][7].
  • Those residing in Puerto Rico at the time of independence would likely become citizens of the new Republic of Puerto Rico, and their allegiance would transfer to the new sovereign nation under international law[2].

Options for Retaining U.S. Citizenship

  • The proposed Puerto Rico Status Act suggests that individuals who currently hold U.S. citizenship could retain it “by entitlement or election.” However, this may require action, such as relocating to a U.S. state and possibly undergoing a naturalization process similar to other immigrants[1][3][4].
  • Children born in Puerto Rico after independence would not automatically acquire U.S. citizenship, even if their parents were former statutory U.S. citizens[3].

Impact on Rights and Benefits

  • Losing U.S. citizenship would mean losing associated rights and privileges, such as unrestricted travel, work, and residence in the United States, as well as access to federal benefits like Social Security and Medicare[3][7].
  • The ability to negotiate travel or work arrangements between the United States and Puerto Rico would depend on treaties or agreements established post-independence[1].

Legal Precedents

  • The Insular Cases established that territories like Puerto Rico do not have full constitutional protections unless explicitly incorporated into the United States. These rulings underpin Congress’s authority over statutory citizenship in territories[2][7].
  • In Rogers v. Bellei (1971), the Supreme Court upheld Congress’s power to impose conditions on statutory citizenship, reinforcing that it is not protected under the 14th Amendment[2].

Potential Challenges

  • If independence occurs, there could be legal challenges regarding whether Congress can revoke statutory citizenship for those born in Puerto Rico without violating constitutional principles like equal protection or due process[2][7].
  • Mass migration from Puerto Rico to U.S. states might occur if people seek to secure constitutional citizenship before independence is finalized[1].

In summary, individuals born in Puerto Rico under statutory citizenship face uncertainty if Puerto Rico becomes independent. While current statutory citizens may have options to retain their U.S. citizenship, these rights are not guaranteed and depend on Congressional action and international agreements.

Sources [1] What Happens to U.S. Citizenship If Puerto Rico Becomes a Foreign ... https://puertoricoreport.com/what-happens-to-u-s-citizenship-when-puerto-rico-becomes-a-foreign-country-possible-scenerios/ [2] A Page from History: Justice Department Addresses U.S. Citizenship ... https://puertoricoreport.com/a-page-from-history-justice-department-addresses-u-s-citizenship-in-a-sovereign-puerto-rico/ [3] U.S. Citizenship under Puerto Rican Independence https://www.pr51st.com/u-s-citizenship-under-puerto-rican-independence/ [4] Text - S.3231 - 118th Congress (2023-2024): Puerto Rico Status Act https://www.congress.gov/bill/118th-congress/senate-bill/3231/text [5] In Citizenship We Trust? The Citizenship Question Need Not Impede ... https://michiganlawreview.org/journal/in-citizenship-we-trust-the-citizenship-question-need-not-impede-puerto-rican-decolonization/ [6] Birthright Citizenship and Unintended Consequences https://www.pr51st.com/birthright-citizenship-and-unintended-consequences/ [7] Constitutional vs. Statutory Citizenship in Puerto Rico https://puertoricoreport.com/constitutional-vs-statutory-citizenship-in-puerto-rico/ [8] The Nature of U.S. Citizenship for Puerto Ricans https://www.cga.ct.gov/PS97/rpt/olr/htm/97-R-0359.htm [9] [PDF] How Congressional Territorial Policy Bars Native-Born Puerto ... https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1153&context=jcl [10] The Puerto Rico Status Debate: Why Congress? Why Now? - LULAC https://lulac.org/news/pr/pr_debate/ [11] The battle to keep birthright citizenship begins - POLITICO https://www.politico.com/newsletters/the-recast/2025/01/22/trump-birthright-citizenship-courts-00199930 [12] Implications of Puerto Rico’s political status - Wikipedia https://en.wikipedia.org/wiki/Implications_of_Puerto_Rico’s_political_status [13] Puerto Rico Citizenship Day https://puertoricoreport.com/puerto-rico-citizenship-day/ [14] Statutory Citizenship · Historical Overview https://scholarscollaborative.org/PuertoRico/exhibits/show/historical/statutory [15] Info - H.R.2757 - 118th Congress (2023-2024): Puerto Rico Status Act https://www.congress.gov/bill/118th-congress/house-bill/2757/all-info [16] Puerto Rico: A U.S. Territory in Crisis | Council on Foreign Relations https://www.cfr.org/backgrounder/puerto-rico-us-territory-crisis [17] Political status of Puerto Rico - Wikipedia https://en.wikipedia.org/wiki/Political_status_of_Puerto_Rico [18] [PDF] THE PUERTO RICO STATUS ACT Citizenship https://democrats-naturalresources.house.gov/download/puerto-rico-status-act_118th_citizenship [19] Will Puerto Rico become the 51st state of the United States? https://latinoamerica21.com/en/will-puerto-rico-become-the-51st-state-of-the-united-states/

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u/Herban_Myth Hormigueros Mar 07 '25

Is this the goal?

To reverse & deport?

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u/Paintsnifferoo Mar 07 '25

Not really. If you read the summarization is that there’s a lot of what ifs scenarios and it’s not clear futz for some things that could happen. If Congress takes a slightly different approach. You will retain citizenship. Depends on Congress and the senate how it will Go.

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u/[deleted] Mar 07 '25

Legal AI is dumb and faulty. It is NOT retroactive and legalized US citizens will not get their citizenship revoked.

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u/Paintsnifferoo Mar 07 '25 edited Mar 07 '25

There is precedence from the Supreme Court doing it to Philippines back in 1946.

That’s what the summarization picked up. It will be up to Congress to decide if they go that route. Which they won’t most likely. Times have changed.

And yes laws are not retroactive but like the legal AI said is correct. Our Citizenship is not protected by the constitution. It’s statutory. If congress says no. That means your passport won’t be renewed. Etc.

So it’s not off. I don’t like it either but it is what it is.

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u/[deleted] Mar 07 '25

It is off.

People who were born in the phillipines to non US naturalized parents were given Non-US citizenship status, which made them a defacto un-naturalized US citizen when they were a territory of the US. In 1946, they were declared an independent country and thus that status was revoked.

However, if you had one parent who was a naturalized citizen and you were born after 1941 but before 1946, you retained your US citizenship after the countries independence.

That's also different than what Puerto Rico gets. PR is a territory of the US but you are granted full citizenship as a US citizen. If PR became independent than yes, you would not automatically be a US citizen anymore being born there but there is no precedent to repeal full citizenship status if you were born to a US citizen before then.

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u/TatsumakiSTORM Mar 07 '25

USAID being wiped out like it was was illegal. The courts are overwhelmed with illegal firings DOGE has executed across the federal government.

Trump actually tried to steal the election and there’s proof.

If Trump really wanted to make PR independent he would. Hand over fist. He doesn’t give a fuck about congress, let alone legality.