Independence is not a popular choice among the voters of Puerto Rico, but it is a viable option under the U.S. Constitution. Independence has also gained attention in recent years as the once-popular notion of Puerto Rico becoming an “enhanced commonwealth” – a fanciful mix of statehood and sovereignty meshed together – has become discredited.
Numerous bills for independence have been introduced in Congress over the years, beginning practically at the time Puerto Rico became a U.S. territory in 1898. The U.S. Congress has never passed any of these bills, but it is instructive to look at the details of such proposed legislation.
House Joint Resolution, 1919
Rep. Leonidas Dyer (R-MO) introduced the first bill calling for a status plebiscite for Puerto Rico. This bill called for a referendum in Puerto Rico among three options:
- independence
- territory status
- the “present form of government as provided in the Act of March 2, 1917”
These three options are not explained in the bill. In 1919, Puerto Rico was a U.S. territory. The people of Puerto Rico had received U.S. citizenship just two years earlier, in the law referenced in the third option that was enacted on March 2, 1917. Based on bill text alone, it is unclear why or even if Rep. Dyer believed it was the grant of U.S. citizenship that had changed Puerto Rico’s status as a U.S. territory.
The Tydings Bill, 1936
The Tydings Bill of 1936 (S 4529) called for a referendum in Puerto Rico on the subject of independence. It amounted to an offer of independence for Puerto Rico.
If independence were to win, U.S. citizens born in Puerto Rico were required to declare their preference of either U.S. or Puerto Rican citizenship. Such declarations had to be filled out in quadruplicate and sworn to in front of officials within six months. Anyone who failed to do this would be deemed a citizen of Puerto Rico and would lose U.S. citizenship.
“The bill is not worthy of being taken seriously either by Puerto Ricans or Continental Americans,” said Luis Munoz Marin, who served as Senator in the Puerto Rican legislature at the time. The New York Times reported that Munoz Marin did not receive advance notice of the bill before its public introduction and the proposal “came as a surprise to those who [had] been following Puerto Rican affairs closely.”
The Marcantonio Bill, 1936
In 1936, Rep. Vito Marcantonio (American Labor Party-NY) introduced a bill (HR 12611) that was an answer to the Tydings Bill. It called for the federal government to accept responsibility for the “disastrous state” of Puerto Rico and to honor any demands the government of the new nation might make. It stipulated that “no immigration restrictions” would apply to citizens of Puerto Rico until Puerto Rico asked for them, but did not discuss the fate of U.S. citizenship of the people of Puerto Rico if they were to demand independence.
The Piñero-Tydings Bill, 1945
In 1945, Rep. Jesus Piñero (D-PR) introduced a bill (HR 3237) offering Puerto Rico the choice among three status options:
- Independence
- Statehood
- Dominion
Dominion would have been a status similar to that of nations in the British Commonwealth, in which Puerto Rico would have sovereignty but still recognize the President of the Union States as their head of state.
This bill came to be known as the Piñero-Tydings bill.
Under this law, Puerto Ricans who already had U.S. citizenship had six months after independence to declare which nation they wanted to be citizens of. For anyone who did not make a declaration within the six month time frame, those living in Puerto Rico would be assumed to be citizens of Puerto Rico and those living in the states would be presumed to be citizens of the United States. Once this was settled, ordinary U.S. immigration laws would apply to citizens of Puerto Rico.
HR 1868, 1959
Rep. Morgan Moulder (D-MO) introduced this bill in the same year that Hawaii and Alaska became states. It was a very simple bill, with just one paragraph saying that the United States should withdraw all its sovereignty and control and grant Puerto Rico independence. It included no discussion of citizenship.
Joint Resolution to Provide Independence for Puerto Rico
Rep. Ronald Dellums (D-CA) offered independence to Puerto Rico on the grounds that colonialism was wrong. The bill, HJ Res 54, then urged the people of Puerto Rico to “freely convene” a Constitutional Convention to decide on its own government. There was no discussion of citizenship.
Self Determination for Puerto Rico, 1983
Dellums later introduced an expanded version of his 1976 law, HJ Res 232, detailing the process he had in mind to transition to independence. “Citizens of Puerto Rico” were discussed, and there was no suggestion that they should maintain their U.S. citizenship.
Puerto Rico Political Status Act
Rep. Don Young (R-AK) introduced this bill, HR 856, and it passed in the House, the only proposal on this list which made it that far through the legislative process. It called for a referendum which would offer independence as one of the options. There were many more bills of this kind over the years, but this was the only one which led to an official referendum. An independence option received .29% of the vote.
This bill discussed citizenship under independence, saying that U.S. citizens born in Puerto Rico could keep statutory U.S. citizenship as long as they did not swear allegiance to any other nation, including Puerto Rico.
HR 900, 2017
Rep. Luis Gutierrez (D-IL) called for independence with HR 900. This was the first bill to state that U.S. citizens from Puerto Rico could keep their U.S. citizenship while also being citizens of Puerto Rico. The law also stated that people born in an independent nation of Puerto Rico could have dual citizenship if the law allowed it at the time.
Conclusions
None of these bills led to a change in the political status of Puerto Rico, and only one passed in the House. Some were probably introduced to make political points and with no hope of actually granting independence to Puerto Rico. Only one came from Puerto Rico. The Puerto Rico Status Act, which included an independence option, later passed the House in 2022. The proposal was developed with the leadership of the Resident Commissioner of Puerto Rico as well as that of representatives of states who were themselves of Puerto Rican heritage.
None of these bills guaranteed U.S. citizenship for people born in an independent nation of Puerto Rico, and only one promised dual citizenship as a possibility. A century of legislation makes it clear that the notion of U.S. citizenship for an independent Puerto Rico has struggled to be seen as a credible arrangement.
