Thread: DePosada: Puerto Rico’s ‘Nuclear Option’ On Statehood

DePosada: Puerto Rico’s ‘Nuclear Option’ On Statehood
By Robert G. DePosada
Special to Roll Call
April 20, 2010, 12 a.m.

Imagine that a majority of Quebec’s citizens, fed up with being part of Canada, voted to become the United States’ 51st state. Then, without the consent of Congress, the French-speaking province brazenly proceeded to elect U.S. Senators and a dozen U.S. Representatives and send them to Washington, D.C., to demand their seats in Congress.

Imagine that the Quebeckers also insisted on speaking French and let it be known that they expected the U.S. to transform itself into an officially bilingual nation like the one that they left behind. I don’t think it would take Americans long to tell the uninvited guests to pack their bags and scram — in blunt Anglo-Saxon English!

Americans are blissfully unaware that something like that hypothetical scenario could start unfolding this fall. The main differences are that it would take place in Puerto Rico, a Caribbean island located more than a thousand miles to our south, rather than a province to our north, and the language involved would be Spanish, not French.

The rabidly pro-statehood New Progressive Party, known by its Spanish acronym, PNP, controls both the governor’s office and the Legislature in the self-governing U.S. Commonwealth of Puerto Rico.

Frustrated to the point of apoplexy that Puerto Ricans have rejected statehood and voted to remain a U.S. commonwealth in all three elections in which they have voted on the issue, PNP leaders have decided to exert their one-party control of Puerto Rico’s government to implement their own version of the “nuclear option.â€

I saw this article here on our forum. Do you think this has anything to do with what is now going on?

New Puerto Rico Birth Certificates on July 1, 2010 and the Impact on Form I-9

Form I-9 - by bfancher - April 22, 2010

In December 2009, the government of Puerto Rico passed new sweeping legislation that, effective July 1, 2010, invalidates all Puerto Rican birth certificates issued before July 1, 2010. A common reaction to this news is to ask the obvious. Why the drastic change? For an answer, we looked to the Puerto Rico Federal Affairs Administration (PRFAA) fact sheet, which provides an overview of the rationale behind the new legislation. In brief, it appears that the goal of this mandate is to reduce fraud and identity theft.

So how does the new statute impact the I-9 process? At the time of this post, the Department of Homeland Security (DHS) has yet to officially release published instructions to employers concerning this matter. However, Tracker has learned on good authority that according to the U.S. Citizen and Immigration Service – Verification Branch the following guidance is expected to be included in the next revision of the DHS I-9 Handbook for Employers (M-274):

Beginning July 1, 2010, all certified Puerto Rico birth certificates issued before July 1, 2010 will be invalid. The statute also prohibits, as of January 1, 2010, public or private entities from retaining [original Puerto Rican] birth certificates. This means that as of July 1, 2010, certified Puerto Rico birth certificates issued prior to that date will be invalid and unacceptable for Form I-9 purposes.

There is a limited exception to this rule. The Vital Statistics Office of Puerto Rico will issue certified copies of Puerto Rico birth certificates between June 17, 2010 and June 30, 2010, to those citizens who request them. These certificates will be valid for 15 days and may be accepted for Form I-9 purposes during the 15-day validity period, even if the end of the validity period falls after July 1, 2010. These certificates will not contain an expiration date, so employers will need to calculate the 15-day validity period from the date the certificate was issued. For example, a birth certificate issued on June 30, 2010, would be valid until July 15, 2010, and is acceptable as a List C document for Form I-9 purposes until that date.

After July 1, 2010, the Vital Statistics Office of Puerto Rico will begin issuing a new type of certified birth certificate to citizens from Puerto Rico. The new certificates will be acceptable List C documents for Form I-9 purposes.

The prohibition on retaining Puerto Rico birth certificates does not prevent employers from retaining photocopies or electronic copies of these certificates during the Form I-9 process, if they choose to do so. The statute only prohibits retention of actual certified birth certificates. Employers who choose to retain copies of employee documentation must do so for all employees, regardless of national origin or citizenship status, to avoid discriminatory practices.

For further information about E-Verify or Form I-9 employers may call the E-Verify Customer Support at 1-888-464-4218 or send an email to: e-verify@dhs.gov.

Tracker spoke with a DHS E-Verify Customer Support Representative who confirmed these guidelines, with the caveat that the exact language is subject to change pending approval by the DHS policy review board. The DHS Representative also verified that a receipt showing that the employee has applied for, but not yet received, a new Puerto Rican birth certificate is acceptable for completing Section 2 of a Form I-9 under the “receipt rule.â€

How about giving the U.S. citizens in D.C. voting rights first, before considering voting rights for Puerto Ricans?

Might have to do with the the high number of stolen PR birth certificates by illegal aliens looking for ID with hispanic surnames.

This might actually be a good thing for Puerto Ricans. If more than one person orders a new birth certificate it would tip of the Vital Statistics office that someone is attempting to steal that ID. It was also make useless any "old" PR BC's stolen or sold by/for illegal aliens.