Stimulus Checks for Illegal Aliens?

Press Releases

June 3, 2020

IRLI shows why case should be dismissed

WASHINGTON—Yesterday, on behalf of the Federation for American Immigration Reform (FAIR), the Immigration Reform Law Institute (IRLI) filed a friend-of-the-court brief in federal district court in Maryland in a tax case that has major immigration ramifications. In it, a class of taxpayers is demanding that the Treasury Department provide Covid-relief stimulus checks to their spouses, who lack social security numbers because they are illegal aliens.

By law, the checks, which are meant to stimulate the American economy, can only go to those who have social security numbers. But the plaintiffs claim that this law discriminates against them on account of their marital status, in violation of the Fifth Amendment to the Constitution.

In its brief, IRLI shows that there is no fundamental right to marital recognition that encompasses a right of illegal aliens to receive checks from the United States government. Accordingly, the federal statute in question should be upheld if it has a rational basis. It surely has that—giving public benefits to those in our country unlawfully only encourages others to break our immigration laws.

“The main thing stimulus checks for illegal aliens would stimulate is more illegal immigration,” said Dale L. Wilcox, executive director and general counsel of IRLI. “Congress knew that, and was absolutely right to reserve the stimulus for American citizens and certain legal aliens. In no way does the Constitution forbid this choice. We hope the district court sees how meritless this money-grab is, and dismisses the case.”   

The case is Amador v. Mnuchin, No. 1:20-cv-01102 (D. Md.).

For additional information, contact:

Brian Lonergan • 202-232-5590 • blonergan@irli.org

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