Pedro Pierluisi said he anticipated the determination of Joe Biden' s administration to go ahead with the petition for certiorari before the U.S. Supreme Court, which could mean that the exclusion of Puerto Rico residents from the Supplemental Security Income (SSI) benefit would remain in effect.
"President Biden had to recognize that the ministerial duty of his Department of Justice, in this case the Attorney General, is to defend the constitutionality of the laws of the United States. Here we are talking about the Social Security Act and a particular provision in that law causes us to have this discrimination against U.S. citizens residing in Puerto Rico. President Biden acknowledged that this has always been the ministerial duty or the policy of the Department of Justice," the president said this afternoon at a press conference.
Pierluisi, however, did not label the decision to keep the lawsuit alive before the federal Supreme Court as a breach of Biden's campaign promise to guarantee parity for Puerto Rico in benefits such as SSI, SNAP and Medicaid.
In his budget proposal submitted to Congress two weeks ago, Biden requested that the territories be guaranteed parity in all three areas.
"He is reaffirming that he wants us to receive that benefit and telling Congress to include us. He included it in his budget request. He is fulfilling his promise in that sense," Pierluisi said.
"This provision is inconsistent with the public policy and values of my administration. However, the Department of Justice has a long history of upholding the constitutionality of federal statutes regardless of policy preferences. This practice is critical to the Department's mission in preserving the legal order. Consistent with the practical importance, the department is upholding the constitutionality of the Social Security Act's provisions in this case," Biden said earlier in written remarks, in which he also reaffirmed his desire to see U.S. territories included in federal programs such as SSI, SNAP and Medicaid.
After learning of the Biden administration's decision, the Speaker of the House of Representatives in Puerto Rico, Rafael "Tatito" Hernandez, thundered against the announcement.
"We regret that the Department of Justice of the Democratic administration gives continuity to the discriminatory vision towards Hispanic minorities, by deciding to retake the Vaello-Madero case, which was originally filed under the Trump administration," said the legislator, who anticipated that he will submit to the U.S. Supreme Court a brief to record the position of the House of Representatives.
The federal government asked Vaello Madero to repay some $28,081 in SSI benefits.