Task Force 2007: three status options — territory, statehood or independence

In December 2007, the President’s Task Force on Puerto Rico’s Status — co-chaired by Maggie Grant (White House) and Steven A. Engel (Office of Legal Counsel, DOJ) — published its biennial report. The document reiterates the 2005 report: under the U.S. Constitution there are only three viable options — continue as a territory (“commonwealth” subject to the Territory Clause), statehood or independence — and rejects the so-called “new commonwealth” with an irrevocable mutual-consent compact.

The Task Force recognizes significant local autonomy since Public Law 600 and the 1952 Constitution, but insists — citing Harris v. Rosario (1980) and DOJ’s position since 1959/1991 — that Congress retains plenary authority while Puerto Rico is a territory. One Congress cannot bind another through a compact that limits that power. George H.W. Bush’s memorandum (Nov 30, 1992) remains in force: treat Puerto Rico administratively as a state so long as status is not altered by law.

Statehood would mean full equality (presidential vote, senators, representatives) and application of the Tax Uniformity Clause — ending permanent tax preferences typical of the territory. Independence (including free association in the Micronesia/Marshall/Palau style) implies its own sovereignty; citizenship by statute (8 U.S.C. § 1402) may be affected depending on legislation or treaty. The report reviews congressional bills — S. 2661, H.R. 4687, S. 1936, H.R. 1230 — and notes that H.R. 900 (Serrano) passed the Natural Resources Committee on October 27, 2007: a plebiscite for 2009 between current territorial status and a permanent non-territorial path.

Recommendations: a prompt federal plebiscite (status quo vs non-territorial); if the latter wins, a second statehood/independence plebiscite; if status quo holds, periodic plebiscites. The Task Force clarifies that “commonwealth” describes substantial political autonomy, not a constitutional status distinct from territory. Options report ≠ enacted law or held plebiscite. Primary: Task Force / DOJ December 2007.

Source: U.S. Department of Justice / President's Task Force. https://www.justice.gov/archive/opa/docs/2007-report-by-the-president-task-force-on-puerto-rico-status.pdf