Puerto Rico: Policy and Maria
A case study by Katelin Faherty
Table of Contents
History of the U.S. Annexation of Puerto Rico
How Puerto Rico became a territory of the United States, and the early years of U.S. control.


U.S. and Puerto Rico Policy
An overview of controversial policies that have been enacted on Puerto Rico by the U.S. government.
Hurricane Maria
A look at the devastation that occurred in 2017, and how past policy plays a role in the aftermath.

History of the U.S. Annexation of Puerto Rico
1898 was a tumultuous year for the Caribbean island of Puerto Rico. Since the late 15th century, with Christopher Columbus landing on the island during his second voyage, and the early 16th century, with the formal beginning of colonization of the Taíno island, Puerto Rico had been a territory of the Spanish Crown. Discontent with their treatment by Spain, rebellions took place in the latter 19th century, and in late 1897, the Spaniards allowed Puerto Rico to form its own autonomous government. Elections were held in March of 1898, but by December, Puerto Rico was yet again under the control of a global power. While the March elections were happening, Spain and the United States were at war, and with the U.S. standing victorious at the end of the Spanish-American War, Puerto Rico was given to them as a concession from Spain in the Treaty of Paris.
In 1900, Congress passed its first law regarding Puerto Rico. The Foraker Act officially declared Puerto Rico as a territorial holding of the United States, and granted them a territorial government. This government consisted of a bicameral legislature, with the House of Delegates being elected directly by the people, but the legislative executive council as well as the Governor were appointed by the President of the United States. The act also created a judicial branch with a federal district court, and the role of Resident Commissioner. This position still exists to this day, and serves as a non-voting representative to Congress on behalf of Puerto Rico.
Overall, Puerto Ricans were not pleased with being forcibly put under U.S. control. The island had finally been able to declare autonomy, to only have it stripped away months later. The U.S. remained silent on the matter of whether they would free Puerto Rico, or if they would be granting citizenship and statehood to the island. People continued to be more and more agitated by the lack of answers they were receiving on their future status. In 1913 and 1914, the House of Delegates voted to be independent from the U.S. and that they were not interested in American citizenship, however this was rejected by the federal government.
An answer finally came in 1917 with the passage of the Jones-Shafroth Act. Citizenship was granted to the islanders, and the government was reformed to mirror that of the United States. However they still did not have direct election of their own governor until 1948. Due to this act, Puerto Ricans were eligible for the draft when the United Sates entered the First World War as they were now citizens. Yet, they still did not have many of the rights as the main landers they were fighting beside.
Puerto Ricans slowly gained some of the rights that were afforded to mainland citizens over the next one hundred years. Resident Commissioner Antonio Fernós-Isern worked tirelessly on advancing these rights. One of these included the 1950 Public Law 600, which allowed for the island to finally draft its own constitution. However it was subject to approval by Congress. It also gave the island the status of ‘Commonwealth’, which was a measure to hopefully increase the independence of Puerto Rico and allow them further self governance. Fernós-Isern also helped create the United States-Puerto Rico Commission on the Status of Puerto Rico, and attempted to work with President John F. Kennedy to allow Puerto Ricans to have the right to vote in federal elections. These efforts ultimately failed.
U.S. and Puerto Rico Policy
Throughout the hundred plus years that Puerto Rico has been under U.S. control, numerous policies have been enacted that have caused detriment to the island. Some of these policies started out with the intentions to improve Puerto Rico in the long run, however in the end they wound up creating situations of economic and structural instability, as well as a greater reliance on the U.S.
PRERA and PRRA: The Puerto Rico Emergency Relief Administration and the Puerto Rico Reconstruction Administration were New Deal era programs that were created in order to help boost the economy as well as provide much needed government services and infrastructure. Puerto Rico had suffered immensely due to the Great Depression, and also had severe damage from hurricanes that had hit the island. Both administrations were able to serve their purpose, and helped Puerto Ricans in almost all aspects of life, including jobs, education, health, and infrastructure. Post Depression and into the Second World War, these programs began to be financed less, and were eventually ended in 1955. While the policy and programs were good during their existence, the ending of them has allowed Puerto Rican infrastructure to fall into disarray, as funding is not prioritized for public service projects.
Operation Bootstrap: Post World War II, a combination effort by the U.S. and Puerto Rican government was initiated in order to turn Puerto Rico into an industrialized society. The Puerto Rican economy had long been based in the agriculture and sale of cash crops, and had not had an industrial revolution of any sorts or any economy diversification. In order to complete this industrialization, Operation Bootstrap provided huge tax breaks to incentivize corporations to create factories and plants on the island. While living standards have generally improved from this policy, the overall effect of it has been negative on Puerto Rico. Unemployment rates on the island have consistently stayed higher than the national rate, with March 2021 unemployment rate being 8.8%, in comparison to the national rate of 6.0%. This can be explained through the fact that it is almost impossible for Puerto Rican based businesses to compete against corporations in terms of money, size, and influence. With decreased dependence on agriculture, and the trade between the mainland and the island, farmers could not survive when having to face the fact of a growing industrial society and corporate farms.
The Jones Act (Merchant Marine Act of 1920): As Puerto Rico is an island nation, trade is very dependent on ships. The Jones Act is a piece of regulatory legislation that places restriction on shipping, and specifies that for territories such as Puerto Rico, that the ships that come to port must be those of the United States. Because of the lack of competition in shipping, the U.S. has set up a monopoly in Puerto Rico when it comes to trading capabilities, and is able to charge much higher rates than if international ships were also allowed to port. In 2012, after analyzing the impact of the Jones Act on the Puerto Rican economy, the New York Federal Reserve stated, “To the extent that it inhibits free trade, the Jones Act does indeed have a negative effect on the Puerto Rican economy, although the magnitude of the effect is unclear.” Much of the resistance to completely eliminating the shipping provision from the Jones Act comes from the loss of jobs that would occur for U.S. shipyards and mariners, as international competition would create less demand for them. Thus, the concerns of the mainland outweigh the dire economic situation in Puerto Rico.
PROMESA: The Puerto Rico Oversight, Management, and Economic Stability Act of 2016 was created by Congress as a reaction to the Puerto Rican debt crisis that amounted to over $73 billion in debt. The act includes a Presidential appointed oversight board to help manage the crisis, and has been seen by Puerto Ricans as a massive overreach by the federal government into Puerto Rican autonomy. The method of solving the extreme amount of debt has also come into criticism, as it takes money away from government services that many Puerto Ricans rely on, and that were already underfunded prior to the passing of PROMESA. The oversight board is given the power to ignore any Puerto Rican authority, and make decisions for the island on financial matters without Puerto Rican input. Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC (2020), attempted to constitutionally challenge the authority of the oversight board and reverse their actions, however the Supreme Court ruled unanimously that the board as it existed was constitutional, keeping PROMESA as a colonial burden on Puerto Rico.
Hurricane Maria
In September of 2017, Puerto Rico was devastated by Hurricane Maria, the worst natural disaster the island has experienced. While the official death toll as a result of Maria is 65, this is largely disputed. Many organizations have calculated there were hundreds of additional deaths as a result of the storm. The hurricane cost the island over $90 billion in damages and losses, adding to the stress the Puerto Rican economy is already under. Damage to all of Puerto Rico’s infrastructure was catastrophic, and the extent of it was magnified due to the antiquated equipment which was poorly maintained . For example, the power grid already had an age score of 44 years according to the Puerto Rico Electric Power Authority (PREPA), which is considered significantly aged according to industry standards. With all of the island losing power during the storm, and winds and flooding destroying 80% of power lines and poles, Puerto Rico is having to reconstruct a power system they already could not afford to repair. The water system was also damaged extensively, leaving Puerto Ricans without basic necessities. According to the Inspector General of the United States, FEMA had months long delays of shipments of essential goods, and when many of the goods finally made it to Puerto Ricans, much of it was expired or nutritionally lacking.
Puerto Rico was completely unequipped both economically and structurally to survive a disaster of this magnitude. Continual reliance and enforcement of policies such as Operation Bootstrap and the Jones Act leaves the island largely dependent on U.S. investment, so building a self sustaining economy remains unachievable. Combining those economic factors alongside the effects of Hurricane Maria, the island has no ability to fund reconstruction efforts on its own. As infrastructure has not been maintained due to the end of PRERA and PRRA, and PROMESA has significantly reduced government services, the Puerto Rican government’s already lacked the ability to fix their failing systems and provide for citizens. With the billions of dollars in losses suffered due to Maria, the only hope for improved is receiving more aggressive funding and support from the U.S. than is currently in place. This seems unlikely due to FEMA’s apathetic and careless response in the immediate aftermath.
Hurricane Maria has increased Puerto Rico’s dependence on the United States. By allowing and enacting policies that significantly harmed the Puerto Rican economy, structure, and the overall political autonomy of the island, they have pushed Puerto Rico into a colonial status, allowing corporations to continuously exploit the island for mainland economic gain. The Jones-Shafroth Act gave Puerto Ricans United States citizenship one hundred years prior to Hurricane Maria, yet the horribly inadequate and uncaring relief effort that the federal government carried out amplifies that fact that they do not see Puerto Ricans as real citizens who they are required to protect by the terms of the social contract that all well functioning governments abide by. Unless drastic new policy measures are taken, Puerto Rico will continue to have any autonomy stripped away, as the U.S. will find new ways to push the island into a dependent colonial status.
Bibliography
“Almost Two Years After Hurricane María Devastated Puerto Rico, Funds and Support Needed from Congress and the Federal Government Are Still Lacking While Government Drowns in Debt Repayment.” Hispanic Federation, hispanicfederation.org/media/pressreleases/almosttwoyearsafterhurricanemariadevastatedpuertoricofundsandsupportneededfromcongressandthefederalgovernmentarestilllackingwhilegovernmentdrownsindebtrepayment.
Brás, Marisabel. “The Changing of the Guard: Puerto Rico in 1898 - The World of 1898: The Spanish-American War (Hispanic Division, Library of Congress).” Library of Congress, 2011, www.loc.gov/rr/hispanic/1898/bras.html.
Caban, Pedro. “Puerto Rico and PROMESA: Reaffirming Colonialism.” University at Albany, State University of New York Scholars Archive, 2017, scholarsarchive.library.albany.edu/cgi/viewcontent.cgi?article=1024&context=lacsfacscholar.
Cabranes, José. “Review: Puerto Rico: Colonialism as Constitutional Doctrine on JSTOR.” JSTOR.ORG, 1986, www.jstor.org/stable/1341109?casatoken=RlNuUAJBPFcAAAAA%3Av87bNi9t673Vhx6Buu3Bmyup5REuBW6wRihN7ucef4arFt8LBITw9tvEiGE-3uf-v4pHQBef4JlyzCRZ-oXHHsEyB4Fni0Id3zgMOzR04P6M4HfG36&seq=1#metadatainfotabcontents.
DiSavino, Scott. “Puerto Rico Power Grid Faces Generational Threat in Hurricane Maria.” Reuters, 20 Sept. 2017, www.reuters.com/article/us-storm-maria-puertorico-power/puerto-rico-power-grid-faces-generational-threat-in-hurricane-maria-idINKCN1BU2HV.
“FERNÓS-ISERN, Antonio | US House of Representatives: History, Art & Archives.” History, Art, and Archives: United States House of Representatives, history.house.gov/People/Detail/13079?ret=True.
González-Cruz, Michael. “The U.S. Invasion of Puerto Rico Occupation and Resistance to the Colonial State, 1898 to the Present.” SAGE Journals, 1998, journals.sagepub.com/action/cookieAbsent.
Grennes, Thomas. “An Economic Analysis of the Jones Act by Thomas J. Grennes :: SSRN.” SSRN, 2 May 2017, papers.ssrn.com/sol3/papers.cfm?abstractid=3211671.
“Hispanic Americans in Congress -- Fernós.” Library of Congress, 2010, www.loc.gov/rr/hispanic/congress/fernos.html.
“Introduction - The World of 1898: The Spanish-American War (Hispanic Division, Library of Congress).” Library of Congress, 2011, loc.gov/rr/hispanic/1898/intro.html.
“Jones Act.” LII / Legal Information Institute, www.law.cornell.edu/wex/jonesact.
“NATIONAL HURRICANE CENTER TROPICAL CYCLONE REPORT HURRICANE MARIA (AL152017).” NOAA, 2019, www.nhc.noaa.gov/data/tcr/AL152017_Maria.pdf.
“Operation Bootstrap | Encyclopedia.Com.” Encyclopedia.Com, www.encyclopedia.com/social-sciences/applied-and-social-sciences-magazines/operation-bootstrap#:%7E:text=Operation%20Bootstrap%20was%20a%20development,the%20island’s%20economic%20structure.
“Puerto Rico | Genocide Studies Program.” Genocide Studies Program, gsp.yale.edu/case-studies/colonial-genocides-project/puerto-rico#:%7E:text=On%20November%2019%2C%201493%2C%20during,of%20Saint%20John%20the%20Baptist.
“PUERTO RICO Characteristics of the Island’s Maritime Trade and Potential Effects of Modifying the Jones Act.” United States Government Accountability Office, 2013, www.gao.gov/assets/gao-13-260.pdf.
“Puerto Rico Economy at a Glance.” U.S. Bureau of Labor Statistics, 2021, www.bls.gov/eag/eag.pr.htm.
“Puerto Rico Reconstruction Administration (PRRA) (1935).” Living New Deal, 20 Oct. 2020, livingnewdeal.org/glossary/puerto-rico-reconstruction-administration-prra-1935-1955.
Rodríguez-Díaz, Carlos. “Maria in Puerto Rico: Natural Disaster in a Colonial Archipelago.” American Public Health Association (APHA) Publications, 2017, ajph.aphapublications.org/action/cookieAbsent.
The Associated Press. “Report: FEMA Fumbled in Puerto Rico after Storms Irma, Maria.” NBC News, 2 Oct. 2020, www.nbcnews.com/news/latino/report-fema-fumbled-puerto-rico-after-storms-irma-maria-n1241755.
Trías Monge, José. Puerto Rico : The Trials of the Oldest Colony in the World. Yale University Press, 1997.