Jenniffer González Stands to End Discriminatory Treatment Towards Puerto Rico in Ssi

Statement

Date: Nov. 9, 2021
Location: Washington, DC
Issues: Legal

Congresswoman Jenniffer González, the sole representative for Puerto Rico in the U.S. Congress made the following statement as the U.S. Supreme Court heard oral arguments on the U.S. v. Vaello Medero case that denies Suplemental Security Income benefits to individuals living in Puerto Rico.

"Today's hearing before our Nation's highest court, to review another example of the unjust discrimination committed against Puerto Rico highlights the deficit of civil and political rights of American citizens within the very jurisdiction of the United States. The most vulnerable population-- the elderly who live in extreme poverty, the blind, people with disabilities, and children with terminal illnesses-- bear the burden of this discrimination, which can be solely attributed to Puerto Rico's territorial condition," said the Resident Commissioner of Puerto Rico, Jenniffer González-Colón.

The Resident Commissioner noted that, even though her proposal to extend the Supplemental Security Income program (SSI) to Puerto Rico is included in the most recent draft of the budget reconciliation bill, the Build Back Better Act, it would not go into effect until 2024. Furthermore, since it is included in a reconciliation measure, its duration cannot extend past 2031 without the need for additional legislation, which would keep the program in force in Puerto Rico only by action from Congress. "The only thing that guarantees that SSI is extended to residents of Puerto Rico and that they are treated equally in other federal programs is the full grant of our rights as American citizens, something that only Statehood can guarantee. This case is one of the clearest examples of how indignant and abusive our current status is."

The Resident Commissioner has advocated for SSI to be extended to Puerto Rico in different forums since she was sworn in, along with other social programs such as equality in the Supplemental Nutritional Assistance Program, Child Tax Credit, and Earned Income Tax Credit that would help combat poverty on the Island, the poorest jurisdiction in the United States.

Throughout her tenure in Congress, she has filed three bills to extend the SSI to the territories -- H.R. 3226, H.R. 947, and H.R. 537. She has also defended the extension of SSI to Puerto Rico in hearings before the House and the Senate and has advocated before the committees of jurisdiction, garnering important allies among her fellow legislators. She has sent numerous letters to the White House advocating for the extension of the SSI program to Puerto Rico and has been called on President Biden to fulfill his campaign promises to Puerto Ricans. In the federal courts, she has appeared as an amicus curiae in all stages of the Vaello-Madero proceedings, including before the U.S. Supreme Court, to defend the rights of the most vulnerable sectors of society.

SSI is a federal financial assistance program that helps individuals with conditions that affect their means or their families' means to earn enough to live. People who qualify for this program are over 65 years of age who live below the poverty level, those with disabilities or special conditions, or minors with conditions such as cancer, cerebral palsy, down syndrome, sclerosis, among others. SSI is the only federal income support program for families with disabled children. Due to its territorial status, American citizens residing in Puerto Rico are excluded from receiving this benefit.

In 2017, the U.S. Government sued Mr. Vaello-Madero to recover the SSI payments he received after moving from New York to Puerto Rico. The district court found that the exclusion of Puerto Rico residents from the SSI program was unconstitutional. The court of appeals affirmed that determination. On March 1, 2021, the U.S. Supreme Court issued a writ of certiorari to review the case due to its importance.


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