Lawsuit against Trump admin. alleges that a provision in the $2.2T coronavirus relief package unconstitutionally denies stimulus checks to US citizens married to undocumented immigrants.
" is presumed by courts to be based on national immigration policy rather than"invidious discrimination."
It's likely why the citizen husband is the named plaintiff and not the immigrant wife. She would not have as strong a direct claim against the Trump administration and Congress for discriminating against her based on her"alienage." Instead, the citizen husband has the stronger case, not based so much on his wife’s alienage, but on his fundamental right to marry.
There's no question that the challenged provision of the CARES act affects the plaintiff based on his marriage to his noncitizen wife. But not every federal law that affects a marriage is unconstitutional.
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