A complaint has been filed in U.S. federal court on behalf of six U.S. citizens who were denied federal stimulus checks because they filed joint tax returns with spouses who use an Individual Tax Identification Number (ITIN) to pay taxes. ITINS are issued by the Internal Revenue Service to non-citizens who lack a social security number so they can pay taxes. The lawsuit filed by MALDEF challenges the constitutionality of the CARES Act, arguing that it discriminates against mixed-status couples because it treats them differently than other married couples, in violation of the U.S. Constitution’s Fifth Amendment guarantees of equal protection and due process.
(Amador, et al., v. Mnuchin, et al., 4/28/20)
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