CARES Act litigation
Thank you for visiting our website. For more information regarding the CARES Act class action lawsuits our office has recently filed, please review the following Frequently Asked Questions. See below for recent news media coverage of these cases. We will update this page as more information becomes available.
What is this lawsuit all about?
It’s actually several lawsuits – we’ve filed complaints in the following federal jurisdictions:
– Northern District of Illinois
– Central District of California
– Eastern District of Wisconsin
– Western District of Wisconsin
In concert with attorneys who practice in other jurisdictions, we expect to file several similar complaints in the coming weeks.
In March, Congress passed the Coronavirus Aid, Relief and Economic Security Act, or CARES Act. The $2 trillion economic assistance package provides a one-time $1,200 payment to individuals who made $75,000 or less and filed taxes using a social security number. The law provides such payments to active military families in which one parent files with the ITIN, but otherwise excludes other citizens married to non-citizens.
The complaints we’ve filed seek to have a portion of the CARES Act declared unconstitutional, as it discriminates against individuals who are entitled to their stimulus payments because they filed joint tax returns with spouses who use an Individual Tax Identification Number (ITIN) to pay their taxes. ITINs are issued by the Internal Revenue Service to non-citizens who lack a social security number.
We allege that this section of the CARES Act violates these individuals’ fundamental rights to due process and equal protection of the laws, under the United States Constitution.
We are deeply committed to seeking justice for all people, and believe strongly in this cause.
How does a lawsuit become a class action?
One or more individuals – the “named plaintiff(s)” – can represent the class in the lawsuit. The court must declare that the plaintiff(s) can represent the class before the suit is considered a class action.
Who is in the class?
At this time, the courts have not certified a class yet. The proposed class consists of all United States Citizens married to immigrants that file joint taxes wherein their immigrant-spouses file tax returns using an ITIN who would have otherwise qualified for a Stimulus Check.
Do I need to pay anything to be part of the class?
If you meet the class definition (once the class is certified), you will automatically become a member of the class, no matter what jurisdiction you live in. You will be represented at no cost to you by Blaise & Nitschke, P.C., upon our approval as class counsel.
How long will it take until there is a judgment/until class members receive a stimulus payment?
Unfortunately, litigation is unpredictable. Especially at this early stage of litigation, we are not able to estimate when class members might receive payments with any certainty nor are we certain that the courts will find in our favor.
How can I get involved?
If you meet the approved definition of the class, you do not need to take any action to become part of the class once it is certified. We have already found individuals to represent the classes we are seeking to have certified in the various jurisdictions where we’ve filed our cases.
What happens next?
We have filed emergency motions for injunctive relief. This means that we have asked the courts to consider this situation urgent and take action as soon as possible. The United States has filed a memorandum in opposition to the motion we filed in the United States District Court for the Northern District of Illinois (see the United States’ filing here).
We will update this page with any additional information as it becomes available.
Blaise & Nitschke, P.C. In The News
Lawsuit Filed Against Trump For Denying Checks To Americans Married To Immigrants
Blaise & Nitschke, P.C. has filed a federal class-action lawsuit on behalf of U.S. citizen clients denied their Covid-19 stimulus check, alleging violations of their civil rights and demanding that the government declare their rightful entitlements under the CARES Act.
Press Conference – May 12, 2020
Attorneys Lana B. Nassar and Heather L. Blaise joined Rep. Jesus “Chuy” Garcia, Rep. Robyn Kelley, State Sen. Celina Villaneuava and others for a press conference regarding our ongoing CARES Act class action litigation – watch the conference here:
April 26, 2020 Trump administration and Mitch McConnell hit with lawsuit over claims they denied stimulus checks to citizens married to ‘unauthorized’ immigrants. Visit our Facebook page or read the full article here.