Governor Jenniffer González announced that she asked the U.S. executive branch to withdraw Puerto Rico from the federal Police Reform — a consent decree in place since 2013 “to ensure that the Puerto Rico Police Department provides policing services that respect civil rights.”
“I asked President [Donald] Trump’s administration, his White House, and his [Department of] Justice director to remove Puerto Rico from the Police Reform. There may be other lawsuits going on, but this one is clearly the most important to us,” González said at a press conference.
She made these remarks following the Trump administration’s announcement that it would stop pursuing agreements, investigations, or oversight involving more than 20 police departments accused of civil rights violations.
The Agreement for the Sustainable Reform of the Puerto Rico Police was signed in 2013 and includes 301 requirements that the Puerto Rico government must meet to address issues such as excessive or unreasonable use of force, misconduct targeting free speech, and unlawful searches and raids — violations of both the U.S. and Puerto Rico Constitutions.
However, González’s request does not consider that the original case before Judge Francisco Besosa in the U.S. District Court for Puerto Rico concluded on July 18, 2013, and is currently in its compliance phase, according to Fermín Arraiza, Legal Director of the American Civil Liberties Union (ACLU) of Puerto Rico.
The ACLU filed a lawsuit in 2012 citing multiple civil rights violations, including racial profiling of immigrants and unlawful searches and raids in communities such as Loíza, Villa Cañona, and others. The organization remained involved in the case as a friend of the court until 2019.
After the ACLU’s initial complaint, the U.S. Department of Justice filed its own lawsuit, which led to the current consent decree. The ACLU later withdrew its formal complaint but remained involved until 2019, when it stepped back due to “serious differences with Judge Gustavo Gelpí.”
“The Governor is referring to President Trump’s comments about other pending cases involving police reform in several cities. But many of those cases are still being litigated and have no consent decree in place,” Arraiza said.
“In this case, the authority to assess compliance and decide whether the agreement should be terminated lies with Judge Besosa, because it is a binding agreement between the U.S. Department of Justice and the Puerto Rico Police Bureau,” added Arraiza.
The legal director of the ACLU emphasized that, “If the Governor wants to undo this agreement, she would have to bring it before the Federal Court in Puerto Rico. The final word does not lie with the President of the United States; it lies with the court.”
The CPI requested comment from the Puerto Rico Governor’s Office (La Fortaleza) to determine whether González was aware that Judge Besosa has the sole authority to terminate the agreement; whether she plans to make a direct request to the court or wait for action from the Trump administration or the Department of Justice; and what steps, if any, she intends to take. As of publication, the Governor’s Office had not responded.
However, Puerto Rico Police Commissioner Joseph González acknowledged that the decision ultimately rests with the federal judge overseeing compliance.
“The agreement will be reviewed — it may be canceled or modified — but at the end of the day, it’s a decision for the [federal] Department of Justice and the judge presiding over the case, Judge Besosa,” he said.
He added that, in the meantime, “the Puerto Rico Police will continue to comply with everything related to the Reform. The Reform has brought many positive changes in terms of civil rights, training, and technology. If the Reform is withdrawn, that doesn’t mean we will stop these efforts overnight.”
The agreement gives the Puerto Rico Police 10 years to establish full compliance mechanisms. After that, the agency may request termination by demonstrating “full and effective compliance” for at least two consecutive years.
To date, none of the 11 reports issued by the federally appointed monitor has shown full compliance with the 301 requirements. The CPI attempted to obtain a comment from the monitor, but the office stated it does not speak to the press without court authorization. An email requesting permission from Judge Besosa was not answered by publication time.
In its most recent executive summary, published in September 2024, the monitor evaluated 177 of the 301 provisions. The Police were found noncompliant with 22, partially compliant with 99, and substantially or fully compliant with 51.
The agreement defines “full and effective compliance” as a sustained adherence to all its requirements, or continuous and sustainable improvement in constitutional policing practices, as demonstrated through the agreement’s performance metrics.
“We are far from reaching the stage where termination can be requested,” Arraiza said. “I understand the criticisms some groups have made about the Reform. But I believe it was a useful tool in the beginning — it allowed for the development of general orders to establish a framework for police behavior aimed at achieving community policing. That goal has not yet been met. And while the Reform is not perfect, eliminating it would set Puerto Rico back more than a decade in terms of civil rights progress, especially at a time when accountability is more necessary than ever.”
Conclusion: Since the case is closed and currently in its compliance phase — and because the agreement can only be terminated by Judge Besosa upon clear evidence of full compliance — the Governor’s claim that the U.S. President can unilaterally remove Puerto Rico from the Police Reform is UNSUBSTANTIATED.
