FOR IMMEDIATE RELEASE: November 4, 2021
CONTACT:
Fernanda Durand
214-402-0186
fernanda@communicationsshop.us
Hispanic Federation and Allies Demand Biden Administration Stop Defending the Federal Government’s Discrimination Against US Citizens Who Live in Puerto Rico
In a letter sent to President Biden today, advocates demand DOJ drop its legal challenges to the right to receive the same safety-net benefits as other U.S. citizens
WASHINGTON — The week before the U.S. Supreme Court hears arguments on U.S. v. Vaello-Madero case, Hispanic Federation and 60 allies sent a letter unified in their request to President Biden asking the Administration to immediately stop defending Congress’s ability to discriminate against U.S. citizens living in Puerto Rico by denying equal access to federal safety-net programs like Supplemental Security Income (SSI) program, Supplemental Nutrition Assistance Program (SNAP), and the Medicare Part D Low-Income Subsidy (LIS).
As stated in the letter, advocates say the Department of Justice’s legal fights goes against promises made by the president on the campaign trail where he promised Puerto Ricans would get the same support from the United States government as every citizen.
In United States v. Vaello Madero, DOJ is fighting lower court decisions that upheld that "disparately classify[ing] United States citizens residing in Puerto Rico" runs "counter to the very essence and fundamental guarantees of the Constitution itself" and said it was “irrational and arbitrary” to exclude otherwise eligible individuals from the Supplemental Security Income (SSI) program -- a federal benefits program to help low-income aged, blind, and disabled people with basic needs such as housing and food -- solely because they reside in the territory.
We are pleased that Congress is contemplating treating Puerto Rico equitably in SSI in the draft Build Back Better proposal being negotiated in Congress. However, that proposal won’t take effect for two years, continuing to deny potentially life-saving benefits to disabled, elderly, and blind Puerto Ricans. The proposal also does not address the plight of Mr. Vaello-Madero, who is being asked to pay back the money he received based on his disability after moving from New York to Puerto Rico. Lastly, current negotiations in Congress and the fate of this proposal remain uncertain.
However, the discrimination goes beyond SSI benefits. The outcome of the Vaello Madero case will have a far-reaching impact on other cases currently being held in abeyance in which Courts have similarly held that ‘no rational basis supports the categorical exclusion of otherwise eligible residents of Puerto Rico’ to programs that support vulnerable citizens such as SNAP (food stamps) and LIS, a Medicare program that helps low-income people with the high cost of medical prescriptions. By fighting Vaello Madero, the Biden Administration is fighting all of them.
“By appealing decisions issued by the lower courts that reject discrimination, the Biden administration is inviting the Supreme Court to join in perpetuating injustice against classes that should be constitutionally protected, an invitation we fear the current Court majority would be all too willing to accept,” stated the letter. The letter also points out that “It is not a fluke that Puerto Rico has both the highest poverty rates for adults and children across the US and has long been denied equitable access to a whole range of federal programs designed to support and lift vulnerable Americans out of poverty.”
“The Biden Administration must recognize and support the role of the courts to protect politically powerless groups in cases when Congress fails to act. Puerto Ricans are U.S. citizens, and they deserve Constitutional protections,” said Frankie Miranda, President and CEO of Hispanic Federation. “Arguing that the current Administration is obligated to defend the denial of these constitutional rights to Puerto Ricans would be antithetical to the values you have exhibited in so many other respects as a candidate and as President to Puerto Ricans.”
Advocates plan a press conference on Tuesday, Nov. 9, on the steps of the U.S. Supreme Court. For more information, contact Fernanda Durand fernanda@communicationsshop.us.
