Posted on 04/29/2020 12:35:01 PM PDT by Oldeconomybuyer
A lawsuit filed against President Donald Trump, Treasury Secretary Steven Mnuchin and Senate Majority Leader Mitch McConnell, R-Ky., alleges that a provision in the $2.2 trillion coronavirus relief package unconstitutionally denies stimulus checks to U.S. citizens married to undocumented immigrants.
The CARES Act provides $1,200 payments to those who earn up to $75,000. But both spouses in families filing joint tax returns must have Social Security numbers, unless one is a member of the military, in which case the requirement is waived. The plaintiff in this class action suit, filed Friday, is a citizen who alleges he was denied the stimulus payment because he is married to a noncitizen.
If allowed by the court, the size of the class will be large. According to the complaint, there are more than 1.2 million Americans who are married to immigrants who lack Social Security numbers. Within that group there are most likely many thousands who are similar to the plaintiff.
Undocumented immigrants are generally not eligible for a Social Security number, but lawfully present immigrants who are authorized to work in the U.S. may apply. Many immigrants, including some lawfully present, file taxes with an Individual Taxpayer Identification Number (ITIN) and are excluded from the stimulus payments.
The lawsuit challenges the CARES Act as infringing on the plaintiffs' fundamental right to marry and discrimination based on "alienage" — which is the wife's noncitizen status.
The plaintiff, who is anonymous, citing his Fifth Amendment right against self-incrimination, argues that statutory classifications based on alienage are just as suspect as those based on nationality or race. Discrimination based on any of these classes, the complaint insists, are subject to close judicial scrutiny.
The Supreme Court has said that "classifications based on alienage ... are inherently suspect and subject to close judicial scrutiny."
(Excerpt) Read more at nbcnews.com ...
“noncitizens” Uh, I guess that’s as confusing as “...shall not be infringed.”?
Tell the dufus he got HIS stimulus money when he was paid under the table for taking in an undocumented borderjumper.
Are you a noncitizen?
Well then you get a one-way ticket directly back to your shithole.
Boo hoo. Just send the dude 1,200 bucks (1/2 of what would normally go to a married couple) and call it a day.
My wife is a non-citizen, but has a SS number. We don’t live in the US, but file jointly. From what I understand, US citizens living abroad qualify for the stimulus. (I was surprised to learn that we do). However, I am blocked from getting my $1,200 simply due to the fact that my wife is not a citizen.
So, the House and Senate write and pass a law, that this person objects to, but it must be Trump who’s responsible for this law? More political nonsense from comcast, note that Pelosi and the House weren’t named? How did this law come into being without her? I thought she claimed that it was she who created the perfect CARES act?
Deport her, charge him with aid and harboring an illegal alien. Throw him in jail.
What really irks me is that I am sure illegals will get some form of $$$$ whether it be if they reside in CA or another state. I didn’t get a check because I am 64 and my daughter claims me as a dependent since I have no income and just a tad shy of collecting SS benefits
So he is saying he could not get $1200?
Marrying a US Citizen is the easiest way there is to get a Green Card LEGALLY!!@, I know I did it for my wife, she is from the UK.
The only catch is if you BROKE INTO THE USA when you first came here. My wife came here on a VISA, All Legal Like, then we got married, she overstayed and we filed the paperwork.
But if you BROKE INTO THIS COUNTRY ILLEGALLY, You can ONLY get Deportation for 10 years.
Good.
Illegal aliens should get nothing but a free trip back to their own country.
And for any American foolish enough to marry an illegal alien, they can go with them.
They get their stimulus every year when they claim their noncitizen spouse as a deduction. Why hasn’t their spouse applied for citizenship?
I can understand not getting the full $2400 allotted to married couples but you should at least get your $1200. Just because your wife is a non-citizen doesn’t take your US citizenship away. I’m still waiting on our $2400 so hopefully there’s just a delay in the system.
Being married to a non-citizen does not take away this man’s US citizenship. He should at least receive the $1200 each individual citizen is entitled to receive.
I could be wrong, but i thought they COULD get the check, if they qualified as a single filer.
The illegal alien spouses are criminals. They are breaking the law by being in thisi country. They should not be rewarded, they should be jailed or returned to their country of origin. Or both.
My wife is a non-citizen. I am required by US law to include her income on my US Taxes and I do this via an ITIN.
She is legally in the USA but so far ineligible to get an SSN. And not only is she married to a US citizen, she is the biological mother of our daughter, also a US Citizen.
So far the status of my stimulus check per the IRS is: “According to information that we have on file, we cannot determine your eligibility for a payment at this time.”
If you are not a CITIZEN of this country, get fraked, kkthx.
Nobody stopped him from marrying an illegal alien. This part of his claim is moot. The rest is bullshit.
End of argument. Decision- take a hike Mr. 5th Amendment. If you perpetrate a fraud on the IRS re the stimulus check, “Go to Jail and take your wife with you”.
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