LOS ANGELES – A federal judge in Maryland has denied the Trump administration’s motion to dismiss a constitutional challenge to a provision of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) that discriminates against mixed-status married couples.

In April, MALDEF (Mexican American Legal Defense and Educational Fund) filed a class-action lawsuit on behalf of U.S. citizens who were denied federal stimulus checks for which they were otherwise eligible solely because they filed joint tax returns with spouses who use an Individual Tax Identification Number (ITIN).  ITINS are issued by the Internal Revenue Service to non-citizens who lack a Social Security number so they can pay taxes.

The suit now moves forward in the U.S. District Court for the District of Maryland.

Please attribute the following statement on the federal ruling to MALDEF President and General Counsel Thomas A. Saenz:

“In a crisis, our nation should come together to face a collective challenge, such as the COVID-19 pandemic.  Unfortunately, the Trump administration and some congressional leaders continue to defend clearly discriminatory divisions.  The denial of CARES Act relief payments to those who have married certain immigrants is an egregious example of blatant discrimination sown as our American society faces an unprecedented challenge.  Singling out particular marriages as less worthy of respect quite simply violates our Constitution and our bedrock national principles.  Congress and the Trump administration should redress this wrong before this litigation goes any further in exposing divisiveness masquerading as public policy in the CARES Act.  MALDEF is prepared to move forward expeditiously to obtain justice for a significant class of aggrieved taxpayers.”

Find a link to the ruling HERE.