Nydia Velázquez, Alexandria Ocasio Cortez, Darren Soto, Ritchie Torres and Raúl Grijalva reminded the U.S. President of their commitment
wednesday, february 17, 2021 - 9:07 a.m.
https://www.elnuevodia.com/corresponsalias/washington-dc/notas/congresistas-democratas-urgen-a-joe-biden-a-que-permita-que-puerto-rico-tenga-acceso-a-la-seguridad-social-suplementaria/
Washington D. C. - Five Democratic congressmen urged President Joe Biden to withdraw the appeal by which the Donald Trump administration pushed to reverse the decision of the federal First Circuit Court of Appeals that opened the door for residents of Puerto Rico to have access to the Supplemental Security Income (SSI) program.
"It is time for Puerto Ricans who qualify for SSI benefits to receive their benefits as soon as possible," said Puerto Ricans Nydia Velázquez (N.Y.), Alexandria Ocasio Cortez (N.Y.), Darren Soto (Fla.) and Ritchie Torres (N.Y.), and House Natural Resources Committee Chairman Raúl Grijalva (Ariz.) in a letter to President Biden.
In their letter, dated Tuesday, the federal legislators pointed out to President Biden that the U.S. Supreme Court, for the fifth time, has the Vaello Madero case on the agenda of one of its conferences. The nine justices of the highest judicial forum are scheduled to meet on Thursday.
"Time is of the essence and we owe it to Puerto Ricans on the island so that they can receive the same SSI benefits they would otherwise receive on the mainland," the congressmen added, urging Biden to give "full and fair consideration" to their request "in accordance with the laws, rules and regulations."
In an April 2020 decision written by the recently deceased Puerto Rican Judge Juan Torruella, the federal First Circuit Court of Appeals declared the exclusion of Puerto Rico residents from SSI unconstitutional on the grounds that it violates the equal protection of the laws.
The case was based on the situation of Puerto Rican José Luis Vaello Madero, who had begun receiving SSI in the United States before moving to Puerto Rico. The First Circuit determined that it is unconstitutional for the federal government to exclude residents of the Island from SSI and to collect from Vaello Madero the nearly $28,000 he received from SSI when he was already domiciled on the Island.
Last August, then U.S. Solicitor General Jeffrey Wall, on behalf of the Trump administration, asked the Supreme Court justices to reverse the decision of the First U.S. Circuit Court of Appeals regarding SSI on the island, which could have an impact of at least $1.8 billion annually in Puerto Rico.
According to the Comptroller General's Office (GAO), in 2011 SSI could have benefited between 305,000 and 354,000 residents of the Island.
When filing the petition for certiorari allowing the U.S. Supreme Court to decide whether or not to review the First Circuit's decision, Wall asserted that "Congress has a legitimate interest in avoiding a unilateral fiscal relationship under which Puerto Rico shares the financial benefits, but not the financial burden of statehood, and declining to include Puerto Rico in the SSI program is a rational way to advance that interest."
The congresswoman indicated that SSI is one of the federal programs that discriminate against island residents.
Last August, based on the Vaello Madero case, Federal Judge William Young, temporarily assigned to the Federal Court in San Juan, also decided that it is unconstitutional - for violating equal protection of the laws - to deny island residents access to the Supplemental Nutrition Assistance Program (SNAP) and the low-income subsidy (LIS) to purchase prescription drugs through Medicare Part D.
The congressmen noted that Biden has supported the island's full access to federal programs.
Puerto Rico's political, religious and industrial leadership has supported Puerto Rico's access to SSI. The proposal also has the support of sectors of the diaspora.