An alleged special “commonwealth” status for Puerto Rico doesn’t exist and never has. Puerto Rico is an unincorporated territory belonging to the United States. Over the years, there have been claims like, “In 1952, Puerto Rico became a Commonwealth or Free Associated State,” but the reality is that Puerto Rico’s political status did not change in 1952, when the U.S. Congress approved the Puerto Rico Constitution, nor at any time since. Puerto Rico is simply a U.S. territory.

The Supreme Court clearly stated in 2016 that Puerto Rico does not have the sovereignty of a state.

The Supreme Court Confirms That Puerto Rico Is A Territory, Lacks “Power, Dignity and Authority” of a State

Benefit to the U.S.

In a December 2024 article in the Northwestern Journal of Law and Social Policy, Ediberto Román and Ernesto Sagás wrote that “the fiction of the commonwealth status for Puerto Rico” has had “the added benefit to the U.S. of keeping the people of Puerto Rico in what appears to be a perpetual round of debate as to whether they were in fact sovereign.”

Roman and Sagas suggest that Puerto Rico’s resulting preoccupation with status allows the United States to shirk responsibility for Puerto Rico’s economic woes and lack of civil rights. “Puerto Ricans have little say in their own affairs,” they write, “and by now it has become abundantly clear that the Commonwealth government is just a fiction of self-rule that no longer placates the demands of Puerto Ricans for a greater say in their internal affairs.”

The perception of greater autonomy after 1952 allowed the United States to reject and then push back on the United Nations’ concern over Puerto Rico’s colonial position. The differences of opinion over the Island’s degree of sovereignty have allowed Congress to claim that it will settle Puerto Rico’s political status as soon as Puerto Rico develops consensus on the subject.

Two Paths to Sovereignty

Puerto Rico can gain sovereignty either by becoming a state or by declaring independence. As a state or as a nation, the Island would have greater autonomy and democratic freedoms.

Sovereignty in the form of independence would sever all ties with the United States. A new nation of Puerto Rico could then build a diplomatic relationship with the U.S. A sovereign Puerto Rico might seek agreement on a Compact of Free Association (COFA) like the U.S. has with three island nations in Micronesia, under which the U.S. would maintain authority over Puerto Rico’s defense and national security policy. Even if such a negotiation is successful, and a COFA is signed, a sovereign Puerto Rico would no longer receive protection under the U.S. Constitution. People born in Puerto Rico would lose access to U.S. citizenship, certainly in the future and possibly retroactively.

Statehood would, in the words of the U.S. Supreme Court, place Puerto Rico on “equal footing” with the fifty states, sharing in their “power, dignity and authority.” Travel, educational and work opportunities that exist today would continue with no legal barriers. Puerto Rican families that are now split among the states and U.S. territory would not need visas for long visits or employment. U.S. citizenship would remain secure for current citizens, and birthright citizenship would be explicitly protected under the U.S. Constitution. Puerto Rican athletes would likely find themselves without a separate Olympic team but would retain the access to U.S. Olympic teams that they have today.

The post Sovereignty for Puerto Rico: Two Options appeared first on PUERTO RICO REPORT.