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Judge Orders Equal Rights for Puerto Ricans

POINT OF VIEW

By José Enrique Fernández

Monday, August 3, was a historic day for Puerto Rico, thanks to the decision issued by U.S. District Judge William Young, who ruled as unconstitutional the discrimination against Puerto Ricans by the U.S. government in denying them aid in the three main welfare programs. 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 Subsidy (LIS) programs, 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, in the federal District Court of Puerto Rico, was brought before the judge on June 4. In this case, nine plaintiffs alleged that the United States illegally discriminates against American citizens residing in Puerto Rico in the SSI, SNAP and LIS programs, in violation of the Equal Protection Under the Law Clause of the federal Constitution that covers us.

Judge Young had instructed the parties to file briefs on whether the SSI benefit, if ruled in favor of the plaintiffs, would apply exclusively to the nine plaintiffs or whether the restriction on Puerto Rico residents would be nullified by declaring it unconstitutional, making the benefit available to all eligible Puerto Rican residents.

This is a historic moment and we celebrate Judge Young's decision. Equality in these welfare program benefits belongs 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.

The court overturned the arguments made by the federal government, considering them discriminatory, and requested the federal government to treat Puerto Ricans equally in providing the full allocation of the benefits. The next two months are crucial for this ruling to prevail and for Puerto Ricans to begin receiving the benefits to which they are entitled.

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