Federal complaint urges action against disparity

The United States government has violated its own Constitution by treating Puerto Rico’s residents differently in at least three welfare programs: Supplemental Security Income (SSI), Supplemental Nutrition Assistance Program (SNAP), and Medicare Part D for low-income beneficiaries.

Such was the claim made in a lawsuit submitted at the US District Court of Puerto Rico last Friday by several citizens, ranging in ages between their 20s and their 70s, all victims of this unfair treatment. They claim they have benefited less from these programs than stateside residents under similar circumstances, either because they reside in the island or because they used to reside somewhere in the US and stopped receiving benefits when they moved to the island.

‘The effects of this facial discrimination against Puerto Ricans violate the U.S. Constitution’s guarantee of equal protection. The courts can no longer treat such a constitutional violation as beyond judicial redress,’ claim the plaintiffs.

‘The U.S. Government Accountability Office (GAO) estimated in 2014 that, if U.S. citizens in Puerto Rico were treated equally with U.S. citizens living in the fifty States of the United States, the U.S. Government would spend up to $1.8 billion each year on SSI for Puerto Ricans, up to $700 million more each year on food assistance, and up to $1.5 billion more each year on Medicare. Hundreds of thousands of Puerto Ricans would benefit were it not for the facial discrimination against Puerto Ricans embedded in federal law,’ the complaint states.

As for the claim that Puerto Ricans should not receive benefits because they don’t pay federal taxes, the action states that, on the contrary, Puerto Rican residents pay nearly $4 billion a year in various types of federal taxes. It also adds that it is not fair that program participation is based on how much money is paid in taxes, especially because these programs were created to satisfy a series of human needs, regardless of place of residence in the United States.

‘This plenary power (of Congress over Puerto Rico) does not authorize Congress to deny to residents (of the island) those rights embodied in the Constitution that are fundamental… Because the right to equal protection of the laws is fundamental, it follows that Congress cannot engage in such discrimination, notwithstanding its plenary power under the Territory Clause,’ the document adds.

‘This lawsuit seeks to stop and rectify that discrimination,’ the action concludes, asking that the court rule in their favor by finding that the aforementioned laws are in violation of the Constitution and by issuing an injunction to put a stop to discrimination.

The lawsuit was filed by the legal firms Reichard & Escalera and Quinn Emanuel Urquhart & Sullivan LLP. Both firms take part in defending senior bondholders of the Puerto Rico Sales Tax Financing Corporation in the Puerto Rican government’s bankruptcy case. Efren Rivera Ramos–who is a Constitutional Law professor and specialist, as well as former dean of the University of Puerto Rico School of Law–also joined in this particular action against the disparity in benefits.

As part of the details provided for each program, they claim that SSI has never been made available for Puerto Ricans because they were excluded from applying right from the start. They add that if island residents could benefit from this program, each person could receive $418 – $422 per month.

In the case of SNAP, this program’s assistance was available in Puerto Rico up until 1982, when the federal government excluded the island due to ‘concerns about the size, expense, and management’ of the program here. Estimates show that, if the program were restored, the island would receive an additional $700 million in benefits than what it receives under the regular Nutrition Assistance Program (NAP).

As for Medicare, estimates show that a change in benefits could yield a positive impact on 400,000 American citizens residing in Puerto Rico.

Read the lawsuit below.