According to the proposed class-action suit, Jane Doe v. Donald J. Trump et al, the unidentified plaintiff — described as a United States citizen who earns less than $75,000 in adjusted gross income and whose children are also U.S. citizens — has no mechanism to appeal the government’s decision.
A message to a U.S. Department of the Treasury spokesperson was not immediately answered.
The plaintiff alleges that she is excluded from the government’s $2 trillion coronavirus financial relief package because CARES requires both spouses filing their taxes jointly to have Social Security numbers in order for any member of the family, including the qualifying children, to be eligible for the checks, according to the complaint filed in Los Angeles federal court.
The plaintiff stated that she files her taxes jointly with her immigrant spouse, who does not have a Social Security number and uses an Individual Taxpayer Identification Number.
“But for her spouse lacking a Social Security number, plaintiff Doe would have received a stimulus check for herself and her children under the CARES Act,” the lawsuit alleges. “Had plaintiff not been married to an immigrant with an Individual Taxpayer Identification Number, plaintiff and her children would have otherwise qualified for a stimulus check. There is no mechanism by which plaintiff can dispute the government’s decision to deny her a stimulus check.”
The complaint contends that the Trump administration has violated the woman’s constitutional rights, including the right to due process and equal protection under the law. She further contends that the government has not treated her as equal to other U.S. citizens “based solely on whom she chose to marry,” the suit states.
The lawsuit seeks a declaration that the CARES Act regulation which prohibits stimulus checks to the more than 1.2 million Americans married to immigrants who lack Social Security numbers is unconstitutional. It also seeks an injunction amending the act and stopping the defendants from enacting any new terms to the CARES Act, or any future legislation designed to provide economic stimulus to U.S. citizens, that excludes mixed immigration status families.
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Neutral Party says
When a tax return is filed and one of the spouses do not have a social security number and use a ITIN number they don’t get Earned Income Credit either but they do qualify for Child Tax Credit. Usually a person filing a tax return using an ITIN is only filing to have proof for the immigration that they have been living and working here in the U.S.A
Its not really that they want to pay taxes but for those that have children under 17 yrs old they do get to enjoy the Child Tax Credit for each child.
So how and why these rules exist I don’t know but instead of getting angry and name calling just do some real research and find out the answers to these questions
Alexis says
An ITIN is a number assigned by the IRS to make sure people who are not permitted to receive a SSN pay taxes, “regardless of their immigration status. Ron, I explained this to you before as well as others that don’t take the time to gather facts, and keep spouting nonsense. This is a legitimate lawsuit, unless Trump wants to take on the IRS that issues ITIN’s.
Trumpist#1 says
Alexis:
You really like using the uncommon word “spouting” or “spout”, don’t you???
Alexis says
Trumpist: You really like using the uncommon word “transsexual” or “tranny” in most of your posts, don’t you??? My comment is based on facts that either you or Ron, can look up so you don’t keep spouting nonsense. Computers are a wonderful tool to gather facts, instead of listening and believing Trump. Your other favorite word. You might have an identity crises.
Trumpist#1 says
Spouting??
Illegals don't need stimulus says
Why give illegals stimulus? They would send it back to Mexico as remittances.
Brilliant move by Trump
Ron says
Trump should send in ICE And Deport her husband.
Robert says
What part of Social Security Numbers for both husband and wife does she not understand?
Sydney says
That’s the point.
If BOTH didn’t have a social security number, then the policy *might* make sense.
But Americans are free to marry anyone they want, including foreigners. She shouldn’t be penalized just because she married a foreigner.
Even our Degenerate In Chief married foreigners, more than once. Which is his right as an American.
Alexis says
Robert: read the part where this woman files her taxes jointly with her husband. She has a SSN and he has an ITIN number given by the IRS.
Sydney says
This is an interesting lawsuit. My guess only is someone is footing the legal bill (ACLU or someone).
There is zero reason for a born and bred American citizen to not get a stimulus check. Yet Don let his racism/nativism/xenophobia show when he decided that Americans who married foreigners will be treated as somehow different from Americans who didn’t.
Typical Trump unAmerican BS. Not sure whether a lawsuit can remedy it, but glad it’s called out.
QH ol' guy says
I seem to have heard some where that the 1 st lady is a foreigner.
Anti Racist says
Can you people even read? It appears not. You must be blind based on the racism you exhibit here. Or you’re just idiots
Notyou says
Where’s the money coming from to pay for the lawyer?
Ocoon1 says
Once again an illegal alien is making demands…get a rope and hang her and the rest that want to give tax money to illegal alien gate crashers.
Wow says
Really? “Hang” a person for being undocumented? That’s what is wrong with our society, you are despicable and karma is coming for you, don’t even bother sitting down to wait for her. IDIOT.
Ron says
Just Deport all the illegals. I hope Trump starts ICE Raids SOON!!!!
Coronavirus Cheque says
Talk about being entitled…