R.V. vs. Mnuchin: USC Kids of Undocumented Parents Seek CARES Act Funds

A class action lawsuit was filed today by and on behalf of U.S. citizen children of undocumented parents, challenging their exclusion from CARES Act funding. (That’s the emergency cash assistance distributed by the Feds in the wake of the coronavirus pandemic.)

The lawsuit is R.V. vs. Mnuchin. It was filed in the U.S. District Court for the District of Maryland.

Count one of the complaint alleges that denial of these funds to U.S. citizen children because of their parents’ immigration status is a violation of Due Process that “In effect … renders U.S. citizen children like Citizen Children Plaintiffs second-class citizens.” Count two of the complaint seeks money damages for the U.S. citizen children of undocumented migrants pursuant to 26 U.S.C. § 6428 and 28 U.S.C. 1346(a)(2). Finally, count three of the complaint seeks money damages for the parents of U.S. citizen children pursuant to 26 U.S.C. § 6428 and 28 U.S.C. § 1346(a)(2).

As for relief, the parties seek to:

• Declare unconstitutional the CARES Act’s denial of the distribution of economic impact payments for the benefit of Citizen Children Plaintiffs and all similarly situated U.S. citizen children because of their parents’ undocumented status;
• Enjoin Secretary Mnuchin from refusing to distribute economic impact payments for the benefit of Citizen Children Plaintiffs and all similarly situated U.S. citizen children because of their parents’ undocumented status;
• Award damages to Citizen Children Plaintiffs and all similarly situated citizen children in amounts of up to $500 for each citizen child, in accordance with the thresholds in the CARES Act;
• In the alternative, award damages to Plaintiff Parents and all similarly situated parents of citizen children in amounts of up to $500 for each citizen child, in accordance with the thresholds in the CARES Act;

Check out NPR’s coverage of the complaint, which features an interview with one of the parents named in the lawsuit. She states: “I’m using my voice to advocate on behalf of my daughter.”  

-KitJ