March 8, 2022
IRLI had shown why case should be dismissed
WASHINGTON—Yesterday, a federal district court in Maryland dismissed a lawsuit brought by taxpayers demanding that the Treasury Department provide COVID-relief stimulus checks to their spouses, who lack social security numbers because they are illegal aliens. On behalf of the Federation for American Immigration Reform (FAIR), the Immigration Reform Law Institute (IRLI) had filed a friend-of-the-court brief in the case urging that result.
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 claimed 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 showed 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.
In yesterday's ruling, the court dismissed the case as IRLI had urged, but on a different basis, finding that, because the suit was barred by the Anti-Injunction Act, the court did not even need to reach the constitutional issues.
"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. We are pleased that the court dismissed this meritless lawsuit, which had no basis in the Constitution."
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