Dallas News by The Associated Press
Government has denied social welfare programs such as food stamps to Boricuas, even though they are Americans.
San Juan - A federal judge ruled Monday that it is unconstitutional to deny access to three federal public assistance programs to Puerto Ricans living in the U.S. territory, an important decision praised by many.
However, the judge also granted a two-month administrative stay on his ruling, at the request of the federal government, which means that, for now, the decision will only apply to the nine plaintiffs in the case.
Legal experts warned that they foresee the federal government appealing the ruling and, if unsuccessful, taking the issue all the way to the Supreme Court because of the millions of dollars at stake.
"It's a precedent, it's a significant change, there's no doubt. How historic it is depends on its prevalence," Edgardo Román, president of the Puerto Rico Bar Association, told The Associated Press.
A spokesperson for the U.S. Department of Justice declined to comment on the decision.
In the 70-page ruling, Judge William G. Young said it was a discriminatory rule to deny Puerto Ricans Supplemental Security Income (SSI) - which provides additional income to the elderly, blind or disabled; the Supplemental Nutrition Assistance Program(SNAP), formerly known as the Food Stamp Program; and the Medicare Part D Low Income Subsidy, which helps cover the cost of a prescription drug plan.
"The federal safety net is less robust and more permeable in Puerto Rico than in the rest of the nation," she wrote. "To be blunt, the federal government discriminates against Americans living in Puerto Rico."
Young noted that the island of 3.2 million people has a poverty rate of 43%, and that the nine plaintiffs are poor enough to qualify for at least one of the three federal welfare programs.
He added that the Northern Mariana Islands have access to SSI, and Guam and the U.S. Virgin Islands to SNAP, a program Puerto Rico once had access to until Congress revoked its eligibility in 1981. Meanwhile, he said Congress funds substitute programs in Puerto Rico, "but they are by far less generous," offering less coverage and smaller benefits.
"There is no doubt that constitutional violations are systemic here," Young wrote.
He acknowledged that the U.S. government has offered three arguments for excluding Puerto Rico residents from the programs: cost, possible disruption to the island's economy, and the fact that those living on the island are usually exempt from paying federal personal income tax.
However, Young argued in part that Congress could have spread the benefit reductions equally, and that the poor generally do not pay income tax no matter where they live. He also noted that between 2000 and 2005, Puerto Rico residents paid more federal income tax than six states and all other U.S. territories combined. In addition, he wrote that, during fiscal year 2019, the federal government collected more than $3.5 billion in taxes from Puerto Rico residents.
Young's decision is expected to generate even more discussion on Puerto Rico's political status as a non-binding referendum on statehood is scheduled.