Expressions of The Resident Commissioner, Jenniffer González Colón, on The Determination of Unconstitutionality by the Federal Court to Deny the Residents of Puerto Rico Ssi, Snap and Lis

Press Release

Date: Aug. 3, 2020
Location: San Juan, Puerto Rico

"The result in this case is a natural extension of what was resolved in the Vaello Madero case: that the exclusion of Puerto Rico residents from the federal charitable programs available to other American citizens is disgusting. to the basic principles of our Constitution.

The Constitution does not allow the federal government to establish programs to support those most in need and to establish second-class citizenship by applying them.

Once again we see how the colonial reality affects the residents of the Island who need essential services. If Puerto Rico were a state, we would not have to go to court to correct that we are denied aid due to lack of funds or simply because we live where we live. That is why I have remained firm in the search for equality, this is the part that many forget, that maintaining the current status puts us in a situation of chronic disadvantage.

Sick and low-income people will be able to benefit from these three aids as in any state. The judge ordered that the 9 plaintiffs be given effective for the SSI, SNAP and LIS programs for the rest of the population that qualifies in 60 days.

As I said in my appearance in the case of Vaello-Madero: a citizen who suffers from need suffers from the same need living in a State or in a territory and differentiating them based on where they reside does not pursue any rational purpose ".

Supplemental Security Income (SSI) is a program that financially helps people 65 years of age or older, below the poverty line or special conditions or minors with conditions such as cancer, Down syndrome, sclerosis, among others. The commissioner has presented bipartisan legislation (HR 947 / HR1354), has gone to court as a friend of the court to advocate not to discriminate against the most vulnerable.

The Appellant determined on April 10 that the exclusion of American citizens living in Puerto Rico from disability benefits under SSI contravenes the guarantees of equal protection of the Fifth Amendment of the Constitution. This when confirming the decision already issued by the District court in the case USA v. Vaello-Madero, where the commissioner appeared as a "friend of the court", when she was served in the District and also on Appeal, even the appeal decision cites the congresswoman.

Regarding the Supplemental Food program, known as SNAP, the commissioner has advocated for the transition from PAN to SNAP so that Puerto Rico can be under the same program of the states and can receive more funds, for this, $ 5 million was allocated so that USDA evaluate the possibility of transitioning Puerto Rico from PAN to SNAP.

To integrate Puerto Rico into the Medicare Part D low income subsidy program (LIS), González Colón filed the HR 4195, Expansion of Medicare Low Income Subsidies for Territories Act of 2019, presented together with representatives Donna Shalala (FL-27), Darren Soto (FL-9) and Stephanie Murphy (FL-7) would allow residents in the United States territories to be eligible for the Medicare Part D Low Income Subsidy Program (LIS) to starting with the 2021 year plan. In HR 3, the Energy and Commerce Committee included a provision in that measure, Lower Drug Costs Now, to extend the low-income subsidy program (LIS) to the Puerto Rico Medicaid program.


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