COVID-19 FAQ - Lawsuit Challenges CARES Act for Discriminating against Undocumented Immigrants

COVID-19 FAQ: GYH Attorney Elana Gold sheds light on a new lawsuit over part of the CARES Act on the basis that it discriminates against undocumented immigrants. Typically, under the aid package, parents qualify for $500 per dependent. However, the CARES Act prohibits payments to parents who file taxes using ITINs, which generally are used by undocumented immigrants, regardless of whether the children are themselves U.S. citizens. We support the argument of Georgetown Law Center, the Institute for Constitutional Advocacy and Protection (ICAP), and CASA that Federal aid should be shared with all taxpayers regardless of immigration status.

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