Sunday, April 24, 2022

WAGE THEFT
Texas BBQ chain failed to pay $867K in shared tips to workers


A small barbecue restaurant chain in Texas failed to pay $867,572 in tips and overtime pay to more than 900 workers. Photo courtesy Roanoke Hard Eight/Facebook

April 23 (UPI) -- A small barbecue restaurant chain in Texas failed to pay $867,572 in tips and overtime pay to more than 900 workers, the U.S. Labor Department said.

Roanoke Hard Eight, which has five locations near the Dallas-Fort Worth metroplex, failed to pay their tipped employees all of their tips, the Labor Department said in a statement.

Restaurant executives, however, said that the situation stemmed from a misunderstanding over the Wages and the Fair Labor Standards Act that went into effect in 2019. The law prevents employers or managers from keeping tips received by workers.

Officials said hourly managers had received some of the tips earned by servers and were not paid the correct time-and-a-half rate for all hours worked above the 40-hour workweek.

"Roanoke Hard Eight violated the law by including managers in their tip pool. By doing so, the employer denied tipped workers some of their tips and managers proper overtime wages," said Jesus A. Valdez, the Labor Department's wage and hour district director in Dallas.

"As businesses struggle to find people to do the work needed to keep operating, employers would be wise to avoid violations or risk finding it even more difficult to retain and recruit workers who can choose to seek jobs where they will receive all of their rightful wages."

Matt Perry, the chief operating officer of Roanoke Hard Eight, said in a video message that the restaurant was "shocked and taken aback" by news reports of the recovered back wages and said the situation was a misunderstanding over federal labor laws.

Perry said that the restaurant had been audited by the Labor Department which had found that the restaurant's policies were not in compliance with federal law.

"We immediately took steps. We worked with our caseworker and also Director Valdez to make sure that our tip program was in compliance with the Department of Labor," Perry said.

"After that, we paid back all the employees of the tip-share that they were entitled to. We also took it a step further and also gave raises to our management team to compensate for the tip-share lost and as of August 2021 we are fully complaint."

Perry said the restaurant made sure with Valdez that it was still compliant with federal law after the Labor Department had released its statement.

"This was put to rest for us more than eight months ago and so, again, we were just shocked today but we wanted to take time out to tell our loyal customers and our employees and our staff at all our locations that we love you guys," Perry said.

"You guys are the heartbeat of what we do every day and we are very appreciative of the support and love that everybody has shown us over the last couple of days."



CAPITALI$M IN SPACE
Experts issue call to regulate space debris as levels of junk mount


An illustration depicts orbital debris, or space trash, above the Earth. The situation requires a regulatory regime, researchers say. File Photo courtesy of European Space Agency


April 23 (UPI) -- Proliferating levels of debris are posing a threat to the space environment and should be regulated as more satellites are being launched into space, researchers say.

Edinburgh University researchers said in a study published Friday in the journal Nature Astronomy the debris is troublesome, potentially affecting "professional astronomy, public stargazing and the cultural importance of the sky" to indigenous populations.

The situation can also damage "the sustainability of commercial, civic and military activity in space," according to the report.

The research stems from a brief submitted to the U.S. Court of Appeals last year supporting the positions of several organizations against a Federal Communications Commission order granting license amendments for SpaceX Starlink satellites.

Each satellite has a roughly 50% chance of a collision each year from untracked debris, and that risk rises dramatically with any increase in debris, researchers contended.

"We have laid out the argument for the urgent need for orbital space to be considered part of the human environment," requiring "environmental protection through existing and new policies, rules and regulations at national and international levels," the researchers wrote.

They urged decisionmakers and policymakers "to consider the environmental impacts of all aspects of satellite constellations, including launch, operation and de-orbit, and to work with all stakeholders to co-create a shared, ethical, sustainable approach to space."

Scientists have already spotted more than 30,000 items of space debris in Earth's orbit through surveillance networks, according to a European Space Agency report released Thursday -- and that amount has been rising.

In the last two years alone, there has been an enormous increase in the number of commercial satellites launched to near-Earth space, with the vast majority of them being small satellites.

"Many of these constellations are launched to provide communication services around the globe," the ESA said. "They have great benefits, but will pose a challenge to long-term sustainability."

The low-Earth orbit has become congested with increased traffic and "the long-lasting nature of space debris in low-Earth Orbit is causing a significant number of close encounters, known as 'conjunctions,' between active satellites and other objects," the agency said.

On a positive note,researchers noted some progress has been made with space debris mitigation measures during the last decade, including rockets burned up via controlled reentries after launch and others placed in orbits that naturally decay within 25 years.

But researchers made it clear that more needs to be done based on future projections.

"The extrapolation of the current changing use of orbits and launch traffic, combined with continued fragmentations and limited post mission disposal success rate could lead to a cascade of collision events over the next centuries," they warned.

Researchers said the most effective way to avoid more collisions is to follow guidelines developed by the Inter-Agency Debris Committee calling for the disposal of spacecraft safely at the end of the mission.

They also said that another necessary step is actively cleaning up the existing debris.

The Clearspace-1 mission planned to launch in 2026 will be the first mission to remove a piece of space debris from orbit -- a defunct rocket part that came from a 2013 launch.

While more satellites reaching the end of their missions are being disposed of responsibly, the researchers said there is still more work to be done.

"An increasing percentage of disposal attempts are successful, but too many are left drifting in important orbits with no attempt made to remove them," they said. "A successful removal rate of at least 90% for all types of space object is required to limit the growth rate of space debris, before we can start cleaning it up."





International Space Station takes evasive action to avoid debris

2022/4/23 
© Deutsche Presse-Agentur GmbH
A general view of the International Space Station (ISS) orbiting Earth. ISS will be forced to undertake an unplanned evasive manoeuvre on Saturday to avoid colliding with space debris. NASA/dpa

The International Space Station (ISS) was forced to undertake an unplanned evasive manoeuvre on Saturday to avoid colliding with space debris.

The engines of the spaceship Progress MS-18 were turned on for 10 minutes, accelerating the ISS and lifting it 1.8 kilometres, according to Russian space agency Roscosmos. The Progress MS-18, which is used to resupply the ISS, is currently docked at the station.

The ISS is now flying at a height of 414 kilometres above the Earth after successfully completing the manoeuvre, Roscosmos said on Telegram. The maximum height the space station is permitted to orbit the Earth is just over 438 kilometres.

Debris is a growing problem for space travel. The ISS regularly needs to dodge objects flying as a collision could destroy it.

In November the ISS crew had to seek shelter in two space ships that were docked at the station after the Russian military destroyed a disused satellite. Fragments threatened to collide with the ISS, but in the end no harm was done.
PAKISTAN

Editorial
Imran Khan’s rallies

DAWN
Published April 23, 2022 -

AFTER three massive rallies in Peshawar, Karachi and Lahore, Imran Khan has proven that he still commands significant respect. The sudden revival of his political fortunes was quite unexpected, and it goes to show how shrewdly he has played the political hand he was dealt.

The reaffirmation of his supporters’ faith in him should give him enough confidence to proceed headlong into his campaign for early elections. As a leader, he ought to take this opportunity to turn a fresh page and rewrite his political destiny based on lessons learnt from his first stint in power. It is unfortunate that he, instead, continues to amplify a toxic narrative that risks turning the people of Pakistan against the state, its institutions and even themselves.

From between the lines of an angry speech, which has varied little from city to city, Mr Khan has demanded from the powers that be that they give him an early election. It is the only way, he says, to set right the wrong that he believes was done to him.

The call for a march on Islamabad, to be announced at a date of his choosing, is leverage for enforcing that demand. It remains to be seen how seriously and enthusiastically it is taken up by his supporters, if indeed matters come to that. However, it does have the potential to throw another spanner in the works for the new coalition government, which suddenly finds itself with everything to lose after walking itself into a political quagmire littered with economic landmines.

Editorial: Imran’s choice

Still, Mr Khan must realise that the best-laid plans often go awry.

Dharnas and jalsas alone may not be enough to sway the umpire’s finger, as they once did in 2014. His graph may be rising today, but political fortunes are fickle and subject to the vagaries of time. It would be prudent, therefore, that he finds a new tune to pipe for the people following him.

There has always been something distinctly Orwellian about Mr Khan’s vision for a ‘Naya Pakistan’, but the heady mix of religion and hyper-nationalism he has introduced in recent speeches takes it to another level. Granted that most among our political lot simply cannot resist appealing to our basest instincts when attempting to turn our loyalties against each other, but turning political differences with rival parties into grounds for hate and revulsion of the other is not only unnecessary; it is deplorable.

Mr Khan often describes Mohammad Ali Jinnah as his “only leader”, forgetting that it was statecraft and diplomacy that made Mr Jinnah ‘Quaid-i-Azam’. If Mr Khan wishes to emulate the Quaid, he needs something substantially more wholesome than a narrative that paints anyone who has ever disagreed with him as a traitor. He ought to rise above the politics of hate and adopt a narrative of inclusion and reconciliation instead.

Published in Dawn, April 23rd, 2022

Saturday, April 23, 2022

Wife of Assange urges UK to block his extradition


Julian Assange's supporters accusing Washington of trying to muzzle reporting of legitimate security concerns (AFP/JOHN THYS)


Sat, April 23, 2022

Stella Assange, wife of WikiLeaks founder Julian Assange, urged the British government on Saturday not to sign his extradition order to the US, saying his fate will have repercussions throughout Europe.

A UK court on Wednesday issued a formal order to extradite the WikiLeaks founder to face trial in the United States over the publication of secret files relating to the Iraq and Afghanistan wars.

The final decision now rests with interior minister Priti Patel, although Assange could yet appeal.

"This is a political case, it has always been a political case," Stella Assange told AFP on the margins of a demonstration in support of her husband in Brussels.


"The trick that has been played by the various governments the UK Government, the Australian Government, the US government, is to say it's before the courts," she added.

"Now that the UK courts have issued the extradition order, there is no excuse. It is squarely in the political domain."

The ruling Wednesday by a magistrate in central London brings the long-running legal saga in the UK courts closer to a conclusion.

But Assange's lawyers have until May 18 to make representations to Patel and could potentially launch further appeals on other points in the case.

-- 'Democratic values at stake' --


The case has become a cause celebre for media freedom, with Julian Assange's supporters accusing Washington of trying to muzzle reporting of legitimate security concerns.

Washington wants to put him on trial in connection with the publication of 500,000 secret military files relating to the US-led wars in Iraq and Afghanistan.

Stella Assange said the grounds to appeal against extradition in the United Kingdom are very narrow," with the treaty "heavily tilted in favour of the United States".

The matters being raised "go to the heart of what it means to have a free and open society of having a free press", she said, and raised the possibility of taking the matter to the European Court of Human Rights if necessary.

"It is the soul of European values -- of democratic values -- that is at stake," she added.

"Julian has been in Belmarsh prison now for three years. He is in an increasingly weakened state of health. He had a mini-stroke in October."

The British government "is condemning war crimes in Ukraine, but it is going to show whether it is prepared to extradite a journalist for having exposed war crimes", she said.

jug/er/pvh/jj

ECOCIDE

Explosion at Nigerian illegal oil refinery kills over 100

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YENAGAO — More than 100 people were killed overnight in an explosion at an illegal oil refining depot in Nigeria’s Rivers state, a local government official and an environmental group said on Saturday.

“The fire outbreak occurred at an illegal bunkering site and it affected over 100 people who were burnt beyond recognition,” the state commissioner for petroleum resources, Goodluck Opiah, said.

Unemployment and poverty in the oil-producing Niger Delta have made illegal crude refining an attractive business but with deadly consequences. Crude oil is tapped from a web of pipelines owned by major oil companies and refined into products in makeshift tanks.

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The hazardous process has led to many fatal accidents and has polluted a region already blighted by oil spills in farmland, creeks and lagoons.

The Youths and Environmental Advocacy Centre said several vehicles that were in a queue to buy illegal fuel were burnt in the explosion.

At least 25 people, including some children, were killed in an explosion and fire at another illegal refinery in Rivers state in October.

In February, local authorities said they had started a crackdown to try put a stop to the refining of stolen crude, but with little apparent success.

Government officials estimate that Nigeria, Africa’s biggest oil producer and exporter, loses an average of 200,000 barrels per day of oil – more than 10% of production – to those tapping or vandalizing pipelines.

That has forced oil companies to regularly declare force majeure on oil and gas exports. (Writing by Julia Payne and MacDonald Dzirutwe, Editing by Raissa Kasolowsky and Ros Russell)

ECOCIDE
Scuba diving boat sinks off Ecuador's Galapagos Islands


Handout picture released on march 10, 2022 by the Parque Nacional Galapagos press office showing a 'Chelonoidis chathamensis' turtle at the San Cristobal island, Galapagos islands, Ecuador on August 2, 2019 (AFP/-) (-)


Sat, April 23, 2022

A scuba diving boat sank Saturday off one of Ecuador's ecologically sensitive Galapagos Islands but damage was minor and no one was hurt, officials said.

The boat was carrying about 47 barrels of diesel fuel that left a "superficial" slick, the Environment Ministry said.

The sinking was first reported by the state-run oil company Petroecuador, which did not specify how much fuel may have spilled.

Galapagos National Park confirmed the sinking of the vessel called the Albatroz and said it was used for scuba diving excursions in waters of the islands, which are a protected natural heritage site.

Containment booms have been set up around the area of the accident in an effort to control the spill, the company said.

The four crew members on the ship are safe, it added.

The national park suspended tourism activities around the city of Puerto Ayora, where its headquarters is located.

Located in the Pacific about 1,000 kilometers (600 miles) off the coast of Ecuador, and famous for their giant tortoises, the Galapagos are a protected wildlife area and home to unique species of flora and fauna.

The archipelago was made famous by British geologist and naturalist Charles Darwin's observations on evolution there.

The Galapagos marine reserve, in which industrial fishing is prohibited, is the second-largest in the world. More than 2,900 marine species have been reported within the archipelago, which is a Natural World Heritage Site.

In 2019, a barge carrying a small amount of diesel sank off another Galapagos island, San Cristobal, causing a small spill but damage was insignificant.

In 2001 and Ecuadoran flagged vessel carrying 240,000 gallons of fuel also sank off San Cristobal. That spill did cause environmental damage that harmed several marine species.

sp/yow/md
LANGUAGE OF WORK IN QUEBEC

New controversies arise over French language in Canada
AFP - 4h ago

Do French-speakers face discrimination in Canada, despite its status as an official language along with English?

A string of recent leadership appointments and statements has revived the controversy over the French language's place in Canada, prompting a response from Prime Minister Justin Trudeau.

The latest blow: There are no longer any directors on the corporate board of Montreal-based CN, Canada's largest railway company, who speak French.

The question of whether Canadian corporate leaders should be bilingual received a lot of attention last fall, after the president of Air Canada, Michael Rousseau, said he did not have the time to learn French. He had to publicly apologize for those remarks a few days later.


Under Canadian law, state-owned businesses, such as CN and Air Canada, as well as airports and federal ministries, are required to provide services in both French and English to clients.

Prime Minister Justin Trudeau said this week that he was frustrated by the situation with CN.

"French-speaking Canadians across the country should see themselves reflected in our major national institutions," said the bilingual prime minister, who also asked the responsible government ministers to ensure CN works quickly to rectify the situation.

The recent controversies are a reminder of the French language's precarious position in a North American ocean of English-speakers, as well as previous battles to protect its status as an official language, which has been included in the Canadian constitution since 1982.

But according to some French language proponents in Canada, where the total population of 37 million contains 8 million francophones, the government has failed to meet expectations.


- Less than 20% of Canadians are bilingual -

"There is clearly a hypocrisy on the part of Trudeau," said Stephane Beaulac, a law professor and codirector of the University of Montreal's National Observatory on Linguistic Rights.

He pointed out that while the prime minister is bothered by the CN saga, he chose last year to appoint a non-French speaker as Canada's governor general, who serves as Queen Elizabeth II's official representative in the country.

Mary Simon, originally from the Nunavik area in northern Quebec, is the first Indigenous Canadian to become governor general, but only speaks English and the Inuit language of Inuktitut.

This week, Canada's Commissioner of Official Languages also rebuked the prime minister's office for not having all video streams on their official Facebook page subtitled or dubbed in French.

According to recent opinion polls, more than 90 percent of Canadians strongly support bilingualism, which they consider to be a part of Canadian culture, but less than 20 percent are fluent in both languages.

"Everyone must be able to be served in their preferred language since few Canadians are truly bilingual," says Stephanie Chouinard, a political science professor at the Royal Military College of Canada.

But, she adds, Canadians "have been waiting for the modernization of the Official Languages Act since 2019."


Beaulac, the law professor, notes that "for a long time, to defend French meant you were flagged as pro-separatist."

"Things have changed today, so people are more daring to challenge the domination of English."


Referring to the recent CN appointments, linguistic law professor Frederic Berard explains that "people are angry, shocked, and this anger is justified."

"However, today this kind of situation is relatively rare," especially in Quebec, adds Berard, who chaired Canada's national consultations on the reform of official languages.

But the situation is much more complex for Francophones who do not live in Quebec, he adds, even if there have been advances in recent years.

tib/rle/des/md
Ex-Guantanamo Prisoner Sues Canada Over Alleged Role in His Detention

April 23, 2022 
Agence France-Presse
 Mohamedou Ould Slahi, a Guantanamo Bay prisoner who wrote a best-selling book about his experiences in the military prison, poses on Oct. 18, 2016 after he was reunited with his family in Mauritania on Oct. 17 after 14 years of detention.

MONTREAL —

A former Guantanamo detainee who spent 14 years without trial and whose story was told in the hit film The Mauritanian, is suing Canada over its alleged role in his detention.

Mohamedou Ould Slahi, 51, claims that Canadian authorities provided false information concerning the period when he was a permanent resident in Montreal in 1999, which led to his arrest and subsequent torture at the infamous U.S. prison, according to his complaint filed on Friday and reviewed by AFP.

Slahi is seeking $28 million for the damages he suffered.

In the lawsuit, Slahi says he faced "physical beatings, sleep deprivation, forced standing, incessant noise, sexual assault, mock assassination, death threats, religious humiliation, and more" while at Guantanamo.

"Slahi's detention and maltreatment were prolonged because the receipt and use of forced confessions by Canadian authorities validated the continued torture and detention," his lawyers said in the complaint.

Slahi's story was a best-selling book that was adapted for the screen.

The film, starring Tahar Rahim and Jodie Foster, accurately depicts the extreme conditions on the American base.

Following the Sept. 11, 2001, attacks on the United States, Slahi came under suspicion of involvement in an unsuccessful plot to bomb Los Angeles in 1999.

Arrested in 2001 in Mauritania, he was then successively imprisoned in Jordan and Afghanistan, before arriving at Guantanamo in 2002, in what he called in his book a world tour of torture and humiliation. He was released in 2016.
USA
How People-Based Special Purpose Credit Programs Can Reduce the Racial Homeownership Gap


Liam Reynolds, Jung Hyun Choi, Vanessa G. Perry
URBAN.ORG
April 22, 2022

(halbergman/Getty Images)

Rapid home price appreciation has built considerable wealth for homeowners, but it has made homeownership less attainable for first-time homebuyers. This concern is especially acute for Black households because the Black-white homeownership gap is as large today as it was before the passage of the Fair Housing Act.

To narrow this gap, fair housing advocates are increasingly calling for the use of special purpose credit programs (SPCPs), which allow lenders to offer credit on favorable terms to borrowers of a protected class who have suffered economic disadvantages. SPCPs reach these borrowers by offering special purpose credit either directly to them (people based) or in places where many of them live (place based).

Because of the continued prevalence of neighborhood racial segregation in many US cities, place-based SPCPscould reduce the racial homeownership gap. But there’s a challenge to this solution: no place is homogenous, so place-based programs that seek to increase Black homeownership will inevitably benefit some borrowers who are not Black and leave out some Black borrowers who are struggling to become homeowners.

The Community Reinvestment Act (CRA) provides useful context. Born out of the civil rights movement, the CRA aims to redress the effects of redlining by encouraging banks to lend in low- and moderate-income (LMI) neighborhoods. Despite these goals, Black borrowers in LMI neighborhoods receive a disproportionately small share of home loans.

Similarly, several proposed programs would direct assistance toward historically redlined neighborhoods. But Black people are only the third-largest racial group—behind white and Latinx people—in redlined areas, and those Black residents make up only 8 percent of the total Black population in the US.

Because of considerable variation in these neighborhoods’ demographics, some formerly redlined areas with mostly Black residents may be strong candidates for place-based SPCPs. But nationwide data suggest that targeting allpreviously redlined neighborhoods may not have the disproportionate impact on Black homeownership that proponents hope, especially in cities where Black households are geographically diffuse.

People-based SPCPs may be a more effective way to close the Black-white homeownership gap because they enable lenders to direct a program exclusively toward Black borrowers.

Race-based lending barriers show the value of people-based SPCPs

Despite the structural barriers that make it harder for Black applicants to access mortgage credit than white applicants, many homeownership programs (e.g., Fannie Mae’s HomeReady and Freddie Mac’s Home Possible) are based on income rather than race.

Our analysis of 2020 Home Mortgage Disclosure Act (HMDA) data shows Black applicants are more likely to be denied than white applicants at all income levels nationwide. Even Black applicants with incomes above 150 percent of the area median income (AMI) have a higher denial rate than white applicants with incomes between 50 and 80 percent of the AMI. These patterns hold across high- and low-cost markets, though the racial gap is generally smaller in expensive cities—likely because prices are so high that even white households with high incomes have difficulty purchasing homes.

For example, in San Diego, California—one of the most expensive metropolitan areas in the country—Black applicants experienced mortgage loan application denials 1.5 to 2.3 times as often as white applicants, depending on income. Among those with the highest incomes, Black applicants were almost twice as likely as white applicants to be denied.

In Milwaukee, a relatively affordable housing market, the differences are even more stark. Black applicants were between 2.3 and 3.4 times more likely than white applicants to have their applications denied, and the biggest difference is in the highest income group.

Table showing that Black applicants with high incomes experience denial rates similar to white applicants with low incomes in expensive and affordable markets alike

These differences in denial rates, even after controlling for income, reflect generations of exploitative practices that have had a lasting impact on wealth and creditworthiness, which justifies race-conscious people-based SPCPs.

How can lenders design people-based SPCPs to narrow the Black-white homeownership gap, and what resources do they need?

  1. Analyze the denial reasons of their target populations to determine what kind of assistance would most effectively increase access to homeownership.

    Because homeownership barriers vary considerably across race and geography, understanding the barriers facing the target population is essential to presenting solutions. Credit history was the most frequently listed denial reason among Black applicants nationally. But in San Diego and Milwaukee, credit history–related denials were only half as common, while debt-to-income ratio and collateral, respectively, were most prevalent.   
    Horizontal bar chart showing that the reasons Black borrowers are denied mortgages vary by regions
    Understanding these patterns enables lenders to tailor SPCPs to the distinct challenges of the communities they serve. Places that have denial reason profiles like what we observe nationally may benefit most from flexible credit underwriting standards; in communities like San Diego and Milwaukee, down payment assistance could have a larger impact.
  2. Fill data gaps.
     
    Before launching an SPCP, for-profit lenders must show that the borrowers they intend to serve are unlikely to receive credit—or would have to pay more for it—under traditional standards. HMDA data are currently the best publicly available data that lenders can use, as they include information on borrowers, loans, and property characteristics for most mortgage applications annually. But these data have limits. 
     
    Some potential buyers aren’t reflected in the data because they may be discouraged from applying for a mortgage in the first place, a trend exacerbated by low supply, increased competition from investorstight underwriting standards, and pandemic-related financial setbacks. Without information on these potential homebuyers, it is difficult for lenders to know how to address their specific challenges. 
      
    Additionally, although credit history is the most common reason for mortgage denial nationally, publicly available HMDA data do not include loan-level credit score data because of privacy concerns. These data are essential in constructing SPCPs to serve consumers who were denied because of their credit score, as near-prime applicants who are almost qualified for a loan will have different needs than subprime applicants who require more assistance.    
      
    As such, the Consumer Financial Protection Bureau could provide this information at least for small-scale geographies (e.g., census tracts), if not at the loan level.
  3. Increase lenders’ awareness and provide guidance and support.
      
    Many lenders are still unaware of SPCPs. Along with increasing lenders’ awareness, three advances could further facilitate them to initiate SPCPs: (1) a repository of well-documented evidence to support and inform lenders designing SPCPs; (2) greater sharing of examples and best practices, along with clearer guidance from federal regulators; and (3) established securitization pathways via the secondary mortgage market (e.g., the Federal Housing Administration, Fannie Mae, and Freddie Mac).

The recent interagency statement assures lenders that SPCPs are permissible under the Fair Housing Act. As more lenders initiate SPCPs, we hope to gather more evidence on how these programs can effectively reduce the racial homeownership gap.


The Urban Institute has the evidence to show what it will take to create a society where everyone has a fair shot at achieving their vision of success.

STATEHOOD OR INDEPENDENCE
AOC Slams Supreme Court for Limiting Puerto Ricans’ Access to Disability Checks
Rep. Alexandria Ocasio-Cortez listens to speakers during an event outside Union Station June 16, 2021, in Washington, D.C.WIN MCNAMEE / GETTY IMAGES
April 22, 2022

Rep. Alexandria Ocasio-Cortez (D-New York) pushed back on a Supreme Court decision that limits Puerto Ricans’ access to government benefits on Thursday, condemning the decision for advancing the U.S.’s colonialist grip over the territory.

In an 8 to 1 decision, the Supreme Court ruled that Puerto Ricans do not have the constitutional right to access the same government disability benefits as people living in the U.S. mainland. The ruling rejected an appeal from a Puerto Rican resident who was sued for $25,000 by the government for receiving Supplemental Security Income (SSI) payments when he moved to Puerto Rico.

Ocasio-Cortez, whose family is from Puerto Rico, decried the decision. “2022 Imperialist Neo-colony Vibes: when my cousins can be drafted into war by a government they don’t even have a right to vote for and denies them benefits, yet that same government can exploit their land into a tax haven for crypto billionaires and tax evaders,” she wrote on Twitter.


She went on to deflect comments from those who say that granting Puerto Rico statehood would solve the issue. “[B]efore people start trying to explain this away as a status/statehood issue, ask yourself why *any* U.S. citizen is denied the right to vote because of where they live,” she said.


“Even U.S. citizens living ABROAD have the right to vote but U.S. citizens in Puerto Rico cannot. It’s colonialism,” she concluded, adding, “And in the case of D.C., racism.”


As Puerto Rican advocates have pointed out, the Supreme Court ruling is the result of a hypocritical decision by President Joe Biden to continue former President Donald Trump’s argument that the territory’s residents shouldn’t receive SSI disability payments. This is despite Biden’s statement on the campaign trail that specifically condemned Trump’s appeal of an earlier decision that Puerto Ricans were eligible for the program.

“[Biden] could have prevented this and chose not to fulfill his campaign commitment. Passing the buck to Congress is not an excuse,” wrote Power 4 Puerto Rico, a group made of diaspora allies that advocates for Puerto Rican self-determination. “What Puerto Rico needs is Admin and Congress to stop imposing, looking away from economic roadblocks like the Jones Act and austerity program.” The Jones Act was the 1917 bill that established Puerto Rico as a territory of the U.S.

Justice Sonia Sotomayor, the only dissenter in the Court and the only justice of Puerto Rican descent, wrote in her dissent that the majority opinion “is utterly irrational.”

“Congress’ decision to deny to the U. S. citizens of Puerto Rico a social safety net that it provides to almost all other U.S. citizens is especially cruel given those citizens’ dire need for aid,” she wrote. “Equal treatment of citizens should not be left to the vagaries of the political process.”

As Ocasio-Cortez pointed out, Puerto Rico has been increasingly exploited by wealthy people as a tax haven; government officials have placed incentives for wealthy people who normally reside stateside to hide their money in Puerto Rico in order to dodge taxes. A recent move to restructure the island’s debt — known as the Plan of Adjustment under the Puerto Rico Oversight, Management and Economic Stability Act (PROMESA) — will come at the cost of citizens and economic stability, and will serve mainly to benefit foreign capitalists, Truthout reported earlier this year.

While some Democrats have pushed for statehood for Puerto Rico, the New York lawmaker has pushed instead for Puerto Ricans to be able to determine their own path for the island. Last March, Ocasio-Cortez introduced a bill that would create a pathway for self-determination, calling for the creation of a “status convention” that would allow Puerto Ricans to decide on whether or not they want to become a state, become independent from the U.S., or otherwise.