AOC-backed Puerto Rico bill includes option for independence while retaining US citizenship

A new bill that will decide Puerto Rico’s future with the United States is making its way through Congress and includes an option allowing people in the territory to retain their American citizenship while granting the area semi-independence status.

The Puerto Rico Status Act, a compromise bill made up of legislation from Democratic Reps. Darren Soto of Florida and Nydia Velázquez of New York and blessed by House Majority Leader Steny Hoyer of Maryland, would determine Puerto Rico’s future.

Rep. Jenniffer González-Colón, Puerto Rico’s Republican resident commissioner in the House also took part in negotiations. As did Rep. Alexandria Ocasio-Cortez, D-N.Y., who threw herself into the mix of lawmakers crafting the bill, traveling with Velázquez to Puerto Rico amid the talks.

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Westerman’s committee foil, House Natural Resources Committee chair Raúl Grijalva, D-Ari., introduced the bill on Friday of last week and, so far, Hoyer has pushed the bill through the House under the cover of darkness.

The bill has not received a markup until today and the lead Republican on the Natural Resources Committee, ranking member Bruce Westerman of Arkansas, was left out of negotiations.

Westerman torched the Democrats over the bill, remarking that, as "with most of the bills we've considered this Congress, my Democrat colleagues have seen an issue and taken the wrong approach in an attempt to address it."

"Today's vote on Puerto Rico’s political status is no exception," Westerman said in a statement to Fox News Digital. "Chair Grijalva introduced the bill moments before noticing the markup, giving us no opportunity to consider it during a hearing and engage with experts to fully understand the legislation and its consequences."

"The bill has significant ramifications across a variety of congressional committees - on immigration, taxation, elections, and more - yet Democrats are rushing the bill through this committee only," the top House Natural Resources Republican continued. "The legislation also fails to take into account the fact that Puerto Rico is still in the process of restructuring its multi-billion dollar debt, and bypassing all regular order to rush the island toward a different political status creates a dangerous procedural precedent."

"I have consistently said that I stand ready to work with the people of Puerto Rico to address questions regarding the island’s political status." he added. "Ms. Gonzalez-Colon has been a tireless advocate for her constituents on this issue, and it's unfortunate that committee Democrats have steamrolled the entire legislative process in their attempt to score political points."

The bill provides three options that Puerto Ricans would vote on regarding their territory’s future with America including statehood, independence, and "sovereignty in free association with the United States."

Under the bill’s third option, Puerto Rico would have "full authority and responsibility over its citizenship and immigration laws" but would also simultaneously allow for Puerto Ricans born before independence day to retain their citizenship.

Puerto Ricans who are not citizens but in the U.S. should the hammer drop on the option of free association would be eligible for naturalization as an American citizen.

Additionally, children born in Puerto Rico to two U.S. citizens would be recognized as American citizens, as well. This would last for "the duration of the first agreement" of free association, but that could be indefinite.

"For the duration of the first agreement of Articles of Free Association, an individual born in Puerto Rico to parents, both of whom acquired United States citizenship under section 302 of the Immigration and Nationality Act (8 U.S.C. 1402), shall acquire United States citizenship under the Immigration and Nationality Act in the same manner as children under section 301(c) of the Immigration and Nationality Act (8 U.S.C. 1401(c))," the bill reads. 

This means that, should Puerto Rico choose the third option, nearly every Puerto Rican in the newly-independent country would be an American citizen, as would their children, and they would not have to pay U.S. taxes below a six-figure amount because they reside in a foreign nation.

Puerto Ricans who become citizens under this option would also retain their right to vote in U.S. elections so long as they have lived in America at some point.

American citizenship also affords unrestricted travel to and from the U.S. 

The free association option also allows the U.S. or Puerto Rico to end the agreement between the countries "at will by either party at any time."

Should Puerto Rico end its free association with the U.S. after choosing this option, the country full of Americans could turn around and strike a deal with adversaries — such as China or Russia.

Additionally, if Puerto Rico chooses to become independent, U.S. citizens in the new country would retain their citizenship for life, and anyone born in the country after independence would be allowed to travel to and work in America for 25 years after the fact.

Hans von Spakovsky, a senior legal fellow and manager of the Election Law Reform Initiative at the Heritage Foundation, told Fox News Digital that in "prior plebiscites, Puerto Ricans have split on whether to remain a territory, try to become a state, or become an independent nation."

"Having yet another plebiscite is a waste of time and money that could be better spent on the territory trying to remedy its financial problems caused by waste, corruption, and overspending of the territorial government," Von Spakovsky said. "None of that would be fixed by Puerto Rico becoming a state or an independent nation."

Von Spakovsky said the "same political opposition that exists to the District of Columbia becoming a state would also prevent Congress from approving Puerto Rico as a state, particularly given that the addition of two more liberal senators to the U.S. Congress and more Democratic electoral votes would be filibustered and uniformly opposed by Republicans, particularly if it were combined with a similar bill for D.C."

"Democrats sponsoring this Puerto Rico bill could not politically oppose a parallel effort by the District, which would help ensure its defeat," he added.

Heritage Foundation Border Security and Immigration Center senior research fellow Simon Hankinson warned that "Democrat sponsors are being too generous in letting them potentially have their cake and eat it too."

"Puerto Ricans would get a 25-year transition period during which they could live and work in the US; It’s not clear how this is in anyway in the rest of America’s best interests," Hankinson said.  "There is so much devil in the details of this bill."

"For example, imagine the evidentiary burden of proving that one of your parents had a residence in the US prior to your birth. Will this be a job for consular staff in our new Embassy San Juan? Or another thing for overworked USCIS to do?" he continued.

"This bill isn’t going anywhere, but it’s important to look at this in the larger context: what a thing to be worrying about when the border is wide open," Hankinson added.

Puerto Ricans were granted citizenship rights via the Jones Act of 1917, which granted people born in the territory the rights and privileges of someone born stateside.

Hoyer has long been a proponent of Puerto Rico statehood. Successful negotiations on the bill would become the hallmark of Hoyer’s time in Congress and, by the political makeup of the territory, would likely give the Democrats two more seats in the Senate.

However, with the razor-thin majority in the House, progressives like Velázquez and Ocasio-Cortez have more influence in negotiations.

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Additionally, should the GOP retake the House, the aging Hoyer will likely not return to his post as the top House Democrat, meaning he is likely looking to cement his legacy.

A spokesperson for Hoyer pointed Fox News Digital towards the House Natural Resources Committee when asked for comment.

Soto, Velázquez, Ocasio-Cortez, and González-Colón did not respond to Fox News Digital’s requests for comment.