Tue, Aug 4, 2020 / By Sin Comillas Staff Writer
U.S. District Judge William Young ruled Monday that it is unconstitutional for three federal programs to deny benefits to Puerto Ricans. The judge ordered the U.S. government to provide Puerto Rico residents access to the Supplemental Security Income (SSI), Supplemental Nutrition Assistance (SNAP) and Medicare Part D low-income subsidies (LIS), which covers prescription drugs.
"This decision was what we expected after the hearing of the case of Peña-Martínez vs. US Department of Health and Human Services, before the Federal District Court of Puerto Rico, was held before the Honorable Judge William G. on June 4. Where it was alleged, by nine plaintiffs, that the United States illegally discriminates against American citizens residing in Puerto Rico in the Supplemental Security Income (SSI), Supplemental Nutritional Assistance (SNAP) and Medicare Part D (LIS) programs in violation of the Equal Protection Clause of the Federal Constitution law that covers us," said Jose E. Fernandez, president of U.S. Citizens for Equal Protection in PR.
Judge Young instructed the parties to file briefs on or before June 25 on whether the SSI benefit, if ruled in favor of the plaintiffs, would be the exclusive application to the nine plaintiffs or the restriction to Puerto Rico residents would be nullified by declaring it unconstitutional, making the benefit available to all eligible Puerto Rican residents.
"Today we celebrate Judge Young's decision, equality in these welfare program benefits belong to Puerto Ricans, as we are American citizens with the same rights protected by the U.S. Constitution since 1917. Obtaining these equal benefits would alleviate the high levels of poverty in Puerto Rico (43% of the population) and provide a better quality of life for the elderly, sick and disabled. The annual aid would average $2.5 billion recurring and would be channeled directly to needy families," said Fernandez.
Yesterday the court overturned the arguments sustained by the federal government, considering them discriminatory and requesting the federal government to treat Puerto Ricans equally and provide the full allocation of benefits. The next two months are crucial for this determination to prevail and for Puerto Ricans to begin receiving the benefits to which they are entitled.
Approximately 1,724,760 people in Puerto Rico live below the poverty level, 43% of the population. In the United States that proportion is 11% and 19.7% in Mississippi, considered the poorest state in the nation. In Puerto Rico there are municipalities with 70% of the population living below the poverty level.
U.S. Citizens For Equal Protection, Inc. is a non-profit foundation whose purpose is to assert that U.S. citizens living in Puerto Rico have the same benefits and protections under the Constitution of the United States of America, regardless of where they reside. The organization is not affiliated with any political party, ideal or candidate.