Seeks to have the federal Department of Justice desist from continuing to litigate the matter before the U.S. Supreme Court.
Posted: Jun 03, 2021 12:01 PM
Given the repeated announcement that President Joe Biden supports the extension of Supplemental Security Income (SSI) benefits to U.S. citizens residing on the island, Puerto Rico's Ombudsman, Edwin García Feliciano, urged the island's political leadership to unite in a single voice so that the federal Justice Department desists from continuing to litigate the matter before the U.S. Supreme Court.
Pedro Pierluisi and the Speaker of the House of Representatives are affiliated with the National Democratic Party, achieving a coalition of voices in favor of SSI can speed up the process for more than 300,000 Puerto Ricans to qualify for the benefit.
This could open the door for Social Security beneficiaries residing on the island to gain access to $2.3 billion in new benefits annually, which would have a positive impact on the local economy.
On March 1, the highest federal court announced that it would hear the case of José Luis Vaello-Madero v. United States, which discusses Puerto Ricans' access to the SSI benefit. United States, which discusses Puerto Ricans' access to the SSI benefit. But Acting Solicitor General Elizabeth Prelogar submitted a request for additional time, one day before Biden announced that, in his budget proposal for the next fiscal year, he is asking Congress to legislate parity for Puerto Rico residents under SSI and the Supplemental Nutrition Assistance Program (SNAP).
In addition, it requested the elimination of the Medicaid program's funding caps for all territories, including Puerto Rico. According to the Rules, the appellee has until August 16 to submit its arguments.
The federal government's request comes at a time when Democratic Congressman Raul Grijalva, along with 12 other congressmen, sent a letter on March 11 to U.S. Attorney General Merrick Garland, requesting the immediate withdrawal of the challenge in the U.S. Supreme Court.
The other signatories were Resident Commissioner Jenniffer González and Congressmen Ritchie Torres, Darren Soto, Nydia Velázquez, Rashida Tlaib, Alexandria Ocasio Cortez, Jesús "Chuy" García, Juan Vargas, Michael San Nicholas, Stacey Plaskett and Gregorio Kilili Camacho.
For Garcia Feliciano, the heart of the matter at this stage is to force a decision from the White House in accordance with the position presented by the President.
"For me it is highly contradictory that Biden expresses himself in favor of recognizing this right to the American citizens of the island, while his Justice Department continues to insist on litigating the matter against the interests of our people. They should read the news and become aware of the presidential commitment," he said.
He added that, in terms of equal justice for all American citizens, it is no longer possible to defend unequal rights simply because of geographic reasons.
The Vaello Madero case began after a lawsuit was filed by the federal government in a recovery action. Vaello Madero lived in New York from 1985 to 2013, where he received SSI disability benefits. He then moved to Puerto Rico in 2013, but was still receiving the Social Security deposit in his New York bank account until 2016. The Federal Court in San Juan decided in her favor.
Then, the First Circuit in Boston ruled that denying Vaello-Madero these benefits, solely because of where he resides, would violate his rights under the Equal Protection of the Laws provided in the U.S. Constitution. However, President Donald Trump's administration challenged the decision and elevated the dispute to the federal Supreme Court.