Pro-statehood lawyer urges Congress to end ‘servitude’ of federal governance without consent
By THE STAR STAFF
Puerto Rico attorney Gregorio Igartúa has asked members of Congress to formally incorporate Puerto Rico as a U.S. territory “in transit to statehood,” arguing that 3.2 million American citizens on the island have lived under federal governance without democratic consent since 1898.
In a letter sent to all congressional offices, Igartúa asserts that Puerto Rico residents remain subject to federal laws, courts and executive authority despite lacking full participation in national elections or representation in Congress. He describes this arrangement as a “state of servitude,” rooted in policies that he says violate the U.S. Constitution’s 14th and 15th Amendments as well as international treaty obligations. Igartúa notes that U.S. citizens living abroad may vote absentee, while those residing in Puerto Rico cannot, a contradiction he argues undermines the nation’s global reputation as a champion of democracy.
The letter quotes the Declaration of Independence’s principle that governments derive their power from the consent of the governed, contending that this foundational democratic standard has been disregarded for Puerto Rico’s American citizens.
Igartúa also criticizes what he calls inconsistent federal treatment of Puerto Rico as both incorporated and unincorporated, depending on political convenience, a practice he believes has enabled manipulation of Puerto Ricans’ constitutional rights for more than a century.
He points to additional inequities, including the fact that foreign nationals who enter the United States can eventually obtain full citizenship rights, while Puerto Rico residents remain excluded from federal electoral participation. Igartúa highlights the contradiction of Puerto Ricans serving — and dying — in U.S. military interventions abroad without the right to vote for their commander in chief. He argues that federal laws and tax policies are imposed on Puerto Rico without representation, invoking the historic warning that “taxation without representation is tyranny.” He also notes that Puerto Ricans have no role in confirming federal judges, even though federal courts have ultimate jurisdiction over their constitutional rights.
The attorney ties Puerto Rico’s prolonged fiscal crisis to what he describes as differential treatment compared to the states, despite the island having generated more than $600 billion in tax‑free income for U.S. corporations under Sections 931 and 936 of the Internal Revenue Code. He adds that Puerto Ricans living in the states — an estimated six million voters — hold significant electoral influence and could shape congressional majorities in upcoming elections.
Igartúa urges Congress to use its authority under Article IV of the Constitution to certify Puerto Rico as an incorporated territory on a path to statehood. He cites past presidential endorsements of statehood and notes that the National Association of Mayors has unanimously supported Puerto Rico’s right to be incorporated. He argues that congressional action would advance national political priorities ahead of the November 2026 elections while finally ending what he describes as a 128‑year period of unequal treatment.
The letter concludes by stating that such action would help “end the state of servitude to which we, 3.2 million American citizens, have been submitted since the year 1898.”
