Distinguishing Truth from Fiction: 8 Facts to Understand about Puerto Rico

As Election Day nears and issues specific to Puerto Rico have captured the attention of the mainland media, misconceptions about Puerto Rico have proliferated in various news outlets and social media platforms. To clarify fact from fiction, constitutional expert Christina Ponsa-Kraus has authored an essay in El Nuevo Dia, presenting eight key statements that are central to the discussion on Puerto Rico’s status:

1. The U.S. Congress DOES Have a Role in Determining Puerto Rico’s Status Options. Initially, Congress needs to clarify Puerto Rico’s options because, as Ponsa-Kraus explains, “without defining them it can neither accept them nor implement them.” While it might seem empowering for Puerto Rico to devise a decolonization strategy first, the ultimate approval rests with Congress. Puerto Rico has often proposed “enhancement” initiatives that have failed in Washington. It is more just and considerate for Congress to outline the options they will act upon, enabling Puerto Ricans to choose from feasible alternatives.
2. A local Constituent Assembly CANNOT Compel the U.S. Congress to Act. Ponsa-Kraus observes, “[the] challenge with an assembly is that it involves Puerto Ricans continuing to define and debate, without placing any requirement on Congress.” Such assemblies can span years, leading to no definitive results or actions.
3. “Free association” is NOT the ELA. Ponsa-Kraus clarifies, “The ‘Free Associated State of Puerto Rico’ is not an actual free associated state; it is a U.S. territory lacking sovereignty.”
   • Some voters participating in the upcoming Puerto Rico plebiscite may find the lesser-known “sovereign free association” option confusing. In some scenarios, advocates have equated free association with “enhanced commonwealth,” leading to potential voter confusion.
   • This confusion is intensified by the fact that the “Commonwealth of Puerto Rico” translates to “Associated Free State” in Spanish, which makes the option appear to grant U.S. citizenship to Puerto Rican voters. Many individuals believe they are endorsing the “perfected” sovereign commonwealth status that the “commonwealth” party has pursued—with the expectation of Congressional and White House endorsement.
   • In truth, under free association, a sovereign nation consents to surrender specific powers to another sovereign nation. Countries in Compacts of Free Association with the United States cede authority, including military control over their territory, airspace, and waters to the U.S., meaning the return of the U.S. military to Vieques could occur. Free Association has never included U.S. citizenship.
4. “Free association” IS a form of independence. All nations in free association with the U.S. are indeed sovereign states. “Do not be misled,” Ponsa-Kraus states, “Both entities in a free association agreement are sovereign nations that possess the authority to terminate the agreement unilaterally. That’s the essence of free association.”
5. Only statehood can GUARANTEE U.S. citizenship. Only statehood ensures U.S. citizenship for those currently born in Puerto Rico and their descendants. Without statehood, Congress can grant U.S. citizenship, as it did for Puerto Rico in 1917, but a future Congress could revoke it.
6. Statehood would NOT Necessarily Result in Higher Federal Taxes. Puerto Rico would transition to paying federal income tax along with other taxes (like Social Security tax) already applicable. However, there are two important considerations. First, most Puerto Rican residents do not earn enough to owe income tax (similar to about half of those residing in the states), with many receiving tax refunds instead. Second, U.S. citizens living abroad must also pay U.S. income tax on relevant income. Independence would lead to immediate full taxation.
7. Independence is NOT the sole method of decolonization. Many perceive colonization as one option and independence as the other. However, international law does not support this viewpoint. Statehood is recognized as a valid means to achieve democracy.
8. The November 5 plebiscite DOES hold significance. Ponsa-Kraus strongly emphasizes this point: “The plebiscite will convey a crucial message to Congress: it’s time to decolonize. Puerto Ricans deserve decolonization. They demand it. They will not give up. Do not give up. Vote with knowledge. Puerto Rico needs you.”

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