November 6, 2023
Dear United States Senators:
We are writing to urge you not to cosponsor any Senate legislation based on the flawed and incomplete Puerto Rico Status Act (PRSA) that passed in the House last year. While in some respects it was a step forward, the PRSA fails to address critical issues that matter for transparency and informed decision-making by the Puerto Rican people. We hope that you would agree that Puerto Ricans, who have long struggled for self-determination, are entitled to complete information well before casting a ballot on a monumental shift for our Caribbean country. We welcome the opportunity to clarify any issues BEFORE you take a position on a bill that should avoid repeating the same mistakes of the past – that is, offering referendums built on incomplete, vague, or tilted language, which has historically resulted in a boycott by Puerto Ricans.
Any bill that purports to decolonize Puerto Rico must include full information on the controlling language of Puerto Rico, what the transition to federal taxation would be, whether economically stifling maritime restrictions would be eliminated, and much more. These are not minor details that can be kicked down the road to an educational campaign with no real commitments. Furthermore, official Congressional hearings in both Puerto Rico and Washington, DC must be held with ample advance notice and with the text of the legislation provided well in advance in Puerto Rican Spanish. All hearings must be Spanish accessible in real-time as the population directly impacted is Spanish-dominant.
At least 95% of Puerto Ricans are Spanish-speaking dominant. It is the language of our daily lives, families, schools, businesses, and churches. The government, judicial system, and media operate entirely in Spanish. The PRSA must state whether Spanish would remain the controlling language, or if a legal obligation or political expectation would force the Island’s day-to-day operations to transition to English. This shift could impact the identity and culture of this Caribbean country forever.
In reviewing U.S. history and practices, it is important to consider that before Arizona and New Mexico became states, Congress required them to change the language of schools and other official operations to English as a condition for admission. Will Puerto Rico be asked to do the same? This is a relevant and pertinent question and an example of the glaring omissions present in the currently introduced bill.
Silence, vagueness, or confusion on this critical matter is not consistent with U.S. democratic values. And the clarity on the prevailing language also matters for legal disputes.
For example, Puerto Rico’s constitution has a debt limit written in Spanish, which was approved by Puerto Rican voters. Yet, when the constitution was subsequently translated into English, this was used to argue a different interpretation of issues at dispute. Bondholders sued, and the federal court sided with the English translation in FOMB v General Obligation Bondholders, Case No. 17 BK 3283-LTS.
The PRSA must be straightforward on taxation. Puerto Ricans must be informed upfront in the PRSA whether a 70 percent income tax rate would be applied to Puerto Rico, if Puerto Ricans choose statehood.
Congress’s imposed fiscal control board has already negotiated debt-repayment plans on the backs of Puerto Rican families for the next 30 years. Therefore, Puerto Rico’s current income tax rates hovering at the high 30 percent cannot be lowered. It’s important to note that California has the highest state income tax rate at 13.3 percent.
With federal income taxes imposed on Puerto Rico under U.S. annexation, would 100,000 Puerto Rican public employees be fired, as the GAO predicted in 2014? Would public debt repayment be threatened if these rates are lowered to make room for federal taxes? If not, then the top combined federal / state income tax rate would be around 70 percent. The answer to these financial questions is one that the people of Puerto Rico need to know before making a binding decision over their future.
The PRSA should state whether the imposition of the Merchant Marine Act (known as the Jones Act) would remain in place if the United States were to annex Puerto Rico. Similar maritime restrictions were imposed on Hawai’i while it was a territory and then remained in place after it became a state.
During life-or-death disasters and resulting fuel and food shortages, Puerto Rico is forced to ask for a waiver of these maritime restrictions, so that ships can bring desperately needed supplies. Under normal circumstances, these shipping restrictions make the costs of essential goods higher for Puerto Ricans, burdening the Island with what amounts to a $1.1 billion yearly tax.
The PRSA leaves Puerto Ricans with guesswork and non-commitments on these and other issues. It also egregiously overreaches. While the definition of statehood in this bill is simplistic and vague, the other status options are subjected to unfair hurdles and impositions no sovereign nation would accept. The PRSA stipulates that the United States would be permitted to dictate the terms of a new Puerto Rican republic's constitution under independence. It begs the salient question – would the 13 colonies have accepted such a stipulation from King George?
The process of decolonizing Puerto Rico must be led by Puerto Ricans, free from external manipulation, U.S. political interference, restraint, or control. The most democratic approach is a constitutional assembly that has garnered widespread support in the Island and the Diaspora. We urge you not to co-sponsor any legislation on the decolonization of Puerto Rico that does not explicitly center the people of Puerto Rico as the architects of our own future, and that does not explicitly answer the above questions so our people can make a fully informed decision in a fair process over their future relationship with the United States.
Sincerely,
Alianza for Progress – Florida
Avanzamos Unidos – Ohio
Boricuas Unidos en la Diáspora
CASA in Action
Colectividad Puertorriqueña de Houston
La Tejedora – Puerto Rico
La Mesa Boricua de Florida
LatinoJustice PRLDEF
LULAC Florida
Power 4 Puerto Rico Coalition
Puerto Rican Cultural Center – Chicago
The Puerto Rican Alliance
Vamos Puerto Rico
Young Latino Network – Ohio
Carmen Yulín Cruz, former Mayor of San Juan
Melissa Mark Viverito, former New York City Council Speaker