Federico Degetau - United States Supreme Court:Gonzales V. Williams

United States Supreme Court:Gonzales V. Williams

In 1902, the United States Treasury Department issued new immigration guidelines that changed the immigration status of all Puerto Ricans. Isabel Gonzalez, a young, but pregnant, single Puerto Rican woman was traveling aboard the S.S. Philadelphia when the new immigration guidelines took effect and she was detained at Ellis Island as a "alien" and "burden" to the state. She lost her appeals in the Board hearings and took her case to the U.S. Supreme Court.

Meanwhile, on August 30 of that year, Federico Degetau, unaware of the Gonzalez situation, wrote to the U. S. Secretary of State in protest of the new rules subjecting Puerto Ricans to immigration laws. His protest was forwarded to the U.S. Treasury Department. Degetau then contacted Le Barbier and Parker, who informed him that they planned to appeal Gonzalez's case to the U.S. Supreme Court.

Once Isabel lost her administrative appeal, switching tactics and focusing instead on the "public charge" issue, she decided to argue that all Puerto Ricans were citizens of the United States and as such should not be detained, treated as aliens, or denied entry into the United States.

Degetau saw in the Isabel Gonzalez case, the perfect "test case" for challenging the new immigration guidelines because now it would not be about whether immigration inspectors, following guidelines suffused with concepts of race and gender, deemed Isabel Gonzalez and her family desirable, but about settling the status of all the native islanders living in Puerto Rico at the time it was annexed by the United States four years earlier. By February 16, 1903, Frederic René Coudert, Jr., an international-law attorney from New York who launched the Downes v. Bidwell case for clients protesting tariffs levied on goods shipped between Puerto Rico and the United States, joined Paul Fuller, Charles E. LeBarbier and Federico Degetau in the Gonzalez case as collaborators.

The groundbreaking case, which became known as Gonzales v. Williams, was argued in the U.S. Supreme Court on December 4 and 7th, 1903 and was presided by Chief Justice Melville Weston Fuller. The case sparked the administrative, legal, and media discussions about the status of Puerto Ricans. It also questioned the issues of immigration and U.S. doctrines in the treatment of U.S. citizens, chiefly women and people of color (dark skinned). Gonzalez and her lawyers moved among the legal realms, aided by shared languages of race, gender, and morality, while Williams and his lawyers, focused on what he considered were failed parents, rearing children outside moral, economically self-sufficient homes.

Gonzalez, who was out on bond, secretly married her fiance and thus became "a citizen of this country through marriage," and acquired the right to remain stateside. She could have ended her appeal, but instead she decided to press her claim that all Puerto Ricans were U.S. citizens.

On January 4, 1904, the Court determined that under the immigration laws González was not an alien, and therefore could not be denied entry into New York. The court, however, declined to declare that she was a U.S. citizen. The question of the citizenship status of the inhabitants of the new island territories remained confusing, ambiguous, and contested. Puerto Ricans, instead, came to be known as something in between: "noncitizen nationals."

Read more about this topic:  Federico Degetau

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