"Had plaintiff not been married to an immigrant, plaintiff and his children would have otherwise qualified for a stimulus check," the lawsuit claims.
Policy experts have raised concerns that the Corona Aid, Relief, and Economic Security, or CARES, Act bars immigrants, except those with Green Cards that allow them to live and work in the U.S., from receiving the stimulus checks.
The decision to exclude U.S. citizens who are married to immigrants without Social Security numbers affects 1.2 million Americans, according to the Migration Policy Institute.
Second, taxpayers who are citizens and file separately from their immigrant spouses who lack a Social Security number will receive half of the payment for married couples, or $1,200, according to the IRS.
Even so, the carve-out that excludes U.S. citizens with immigrant spouses who lack Social Security numbers is harmful and "without serving any legitimate governmental interest," the lawsuit claims.
