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‘No second-class citizens’: Biden breaks with Justice in SSI case

House chair: Federal benefits to Guam, other territories a ‘top priority’

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While announcing the U.S. Department of Justice would continue to fight a court ruling that extends Supplemental Security Income benefits to residents of Puerto Rico and other U.S. territories, President Joe Biden said the exclusion of these federal benefits is “inconsistent with my administration’s policies and values.”

The president, however, also didn’t object to the ongoing Supreme Court appeal, saying the Justice Department's “longstanding practice” of defending the constitutionality of federal statutes, “regardless of policy preference” is critical to preserving the rule of law.

The case stems from an American citizen: José Luis Vaello Madero being sued by the federal government for continuing to receive SSI benefits after he moved from New York to Puerto Rico. The DOJ is looking to recover $28,081 in benefits Madero received while residing in the territory, which is not allowed under federal law.

Biden is calling on Congress to extend the benefits to Puerto Rico, and said he also supports reforms to Medicaid and Supplemental Nutrition Assistance Program funding for the Caribbean territory.

“As I’ve said before, there can be no second-class citizens in the United States of America. My administration will work with members of Congress to make these legislative fixes a reality, the president stated, without directly addressing similar inequities facing Guam and other U.S. islands.

The DOJ’s brief to Justices, which was filed on June 7 in Washington, D.C., argued while Congress is “fully empowered” to extend SSI benefits to Puerto Rico, “its decision not to do so does not violate the Constitution under this Court’s precedents.”

Neil Weare, president and founder of Equally American, which advocates for equal rights for residents of U.S. territories said in a release that President Biden’s statements were “significant,” and could be based on the upcoming federal elections.

“To my knowledge, this is the first time an American President has ever expressly called for an end to second-class citizenship for residents of the territories, which has the potential to be a very big deal. Drawing this kind of clear line in the sand should help create the kind of political momentum needed for Congress to finally act on these longstanding issues,” he said. “The political consequences if the president and Congress fail to act could be significant, with the Puerto Rican diaspora likely a significant force in both the upcoming mid-term elections and again in 2024.”

Efforts will ‘redouble’ in House

Rep. Raúl Grijalva, who chairs the House of Representative’s Natural Resources Committee reiterated his “conviction” that a permanent solution to the inequities facing residents of the territories is necessary.

In a statement released following the president’s announcement, Grijalva said the committee will “redouble its efforts to work with other committees of jurisdiction” to extend federal programs like SSI to the territories. The Arizona congressman has been advocating for improving how benefits are applied on Guam, Puerto Rico and other U.S. islands.

“Expanding access to federal programs for residents of U.S. territories, including Supplemental Security Income for residents of Puerto Rico, is one of my top priorities in this Congress.”

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