In a landmark decision, the U.S. Department of Justice (DOJ) has announced a sweeping policy to disavow and cease reliance on the doctrine of territorial incorporation established by the infamous Insular Cases. These cases, dating back to the early 1900s, upheld a discriminatory legal framework denying democracy and self-determination to residents of overseas U.S. territories, based on racist rhetoric and logic.
The DOJ’s action follows a bipartisan, bicameral effort spearheaded by a 43-member congressional letter, along with appeals from Virgin Islands Gov. Albert Bryan and civil rights groups. Carlos Felipe Uriarte, assistant attorney general for Legislative Affairs, affirmed the DOJ’s stance, condemning the racist language and reasoning of the Insular Cases and asserting that such rhetoric is incompatible with fundamental American principles of equality, justice, and democracy. Importantly, Uriarte clarified that DOJ litigators will not rely on the racist rhetoric of the Insular Cases in their legal arguments.
This move has been lauded by members of Congress and civil rights advocates alike. House Natural Resources Committee Ranking Member Raúl M. Grijalva hailed it as a crucial step towards rectifying historic injustices and achieving equity for communities of color in U.S. territories. Virgin Islands Congresswoman Stacey Plaskett commended the DOJ for denouncing the racist, colonial framework of the Insular Cases, emphasizing the importance of advancing equity for all U.S. territories’ residents.
Similarly, Senate Majority Whip Dick Durbin and House Judiciary Committee Ranking Member Jerrold Nadler underscored the significance of upholding principles of equality and democracy across all regions of the United States. Civil rights organizations, including the ACLU and LatinoJustice PRLDEF, welcomed the DOJ’s decision as a monumental step towards justice and democracy, denouncing the Insular Cases’ racist underpinnings.
Virgin Islands Gov. Albert Bryan, Jr., expressed gratitude for the DOJ’s policy change, highlighting its affirmation of every person’s inherent dignity and rights, regardless of their place of residence. He emphasized the importance of collaborative efforts in achieving this milestone and reiterated the rejection of discriminatory practices within the legal system.
The DOJ’s repudiation of the Insular Cases marks a significant departure from past legal precedent and signals a renewed commitment to equality and justice for all Americans, irrespective of their territorial status.