Married to an Immigrant? You Might Not Get a Stimulus Check.

The exclusion affects more than 1 million citizens, including immigrants who are married to a U.S. citizen, but lack legal status.

More than 1 million American citizens across the U.S. are blocked from receiving the $1,200 stimulus checks the government’s CARES Act offers to U.S. citizens earning up to $75,000 in adjusted gross income and have a Social Security number.

This act excludes millions of taxpaying immigrants who do not have legal status. It also blocks U.S. citizens if they file a joint tax return with a spouse who does not have a Social Security number.

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According to the Migration Policy Institute this exclusion affects millions of U.S. citizens, including the approximately 1.2 million immigrants who are married to a U.S. citizen, but lack legal status.

The law says any family that files taxes with an Individual Taxpayer Identification Number is not eligible to receive an Economic Impact Payment (unless one spouse is a member of the U.S. Armed Forces). The Individual Taxpayer Identification is issued by the Internal Revenue Service to workers who do not have a social security number.

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California Democratic Congressman Lou Correa has proposed Leave No Taxpayer Behind Act, which is meant to ensure that all taxpayers, including immigrants, are eligible for their $1,200 relief check. It is not clear if the bill before the Senate will receive bipartisan support. 

As a result of this, a man using the pseudonym John Doe is suing the Trump administration. Filed in a federal court in Chicago, the lawsuit claims that the Republican president, Treasury Secretary Steven Mnuchin and Senate Majority Leader Mitch McConnell (R-Ky.) are not treating John Doe “as equal to his fellow United States citizens,” but discriminate against him “based solely on whom he chose to marry.”