She works as a film producer and her small business has ground to a halt, forcing her and her husband to eat red beans and rice most nights, scramble to find small business loans and apply for medical assistance for their two children.
So the 44-year-old woman from the Midwest, who asked that her name not be used to protect her privacy, has had to bite her tongue as friends have celebrated the arrival of economic stimulus checks.
As a U.S. citizen whose children are also U.S. citizens, she is excluded from the government’s $2-trillion coronavirus financial relief package because she files her taxes jointly with her husband, a Mexican citizen from Guadalajara.
“It’s the biggest slap in face that the government left us out,” she said. “It’s already such a stressful time. This just increases the stigma and feeling of shame. It feels like a very big betrayal.”
More than 1 million U.S. citizens, in states as far afield as California and Pennsylvania, have been blocked from receiving stimulus checks because they are married to immigrants who don’t have Social Security numbers.
Some are frontline workers employed in hospitals, police departments and public transit. Others have been laid off or are working fewer hours as a result of the COVID-19 pandemic.
The government’s
CARES Act offers $1,200 to Americans earning up to $75,000 in adjusted gross income and who have a Social Security number and $500 for each child. But it excludes millions of tax-paying immigrants who do not have legal status — and it also blocks U.S. citizens if they file a joint tax return with a spouse who does not have a Social Security number.
“It’s just fundamentally unfair, and it’s really, really targeted to hurt,” said Randall Emery, president of American Families United, a nonprofit that advocates for U.S. citizens married to immigrants.
“It’s such a basic thing that the government would protect its own citizens and the government is really abandoning U.S. citizens when they need help the most,” he added. “A lot of people really need this just to survive.”
The exclusion affects millions of U.S. citizens, including children. About
1.2 million immigrants who lack legal status are married to a U.S. citizen, according to the
Migration Policy Institute.
According to the law, any family that files taxes with an Individual Taxpayer Identification Number, which the Internal Revenue Service issues to workers who lack Social Security numbers, cannot receive an Economic Impact Payment — unless one spouse is a member of the U.S. Armed Forces.
“It’s a deliberately cruel carve-out,” said Manar Waheed, senior legislative and advocacy counsel with the American Civil Liberties Union. “In creating an exception for military families, they very, very deliberately left all of these other people out of the cash rebate.”