An Illinois man is suing President Donald Trump because he might not qualify for the coronavirus stimulus check since he is married to an immigrant without a social security number. The lawsuit, filed Friday, came after a new estimate that about 1.2 million couples might not be eligible to receive the $2,400 checks for married couples because a spouse is an immigrant. The lawsuit claims the $2 trillion CARES Act discriminates against him "based solely on whom he chose to marry."
The plaintiff used the pseudonym John Doe when filing the lawsuit, reports Fortune. The lawsuit was filed after the stimulus checks began showing up in millions of American taxpayers' bank accounts. The CARES Act includes $1,200 stimulus checks to taxpayers who earn as much as $75,000, and an additional $500 for each child. Couples who file jointly and earn less than $150,000 will receive up to $2,400. However, the CARES Act states that both people in a couple must have social security numbers, unless one person is a member of the military.
The lawsuit cites data from the Migration Policy Institute, which found that 1.2 million Americans are ineligible. The Institute said the number reflects how many "unauthorized" immigrants are married to American citizens. Doe said he is marred to an immigrant who has filed taes using an Individual Taxpayer Identification Number as issued by the IRS.
Doe names Trump, Senate Majority Leader Mitch McConnell and Treasury Secretary Steven Mnuchin as defendants. According to his lawsuit, the three allowed the exclusion, which means Doe is not treated "as equal to his fellow United States citizens."
On April 21, CBS News reported the IRS said non-resident aliens were not eligible for the stimulus checks. The IRS later added that both people in a couple need a social security number to be eligible. "If either spouse is a member of the U.S. Armed Forces at any time during the taxable year, then only one spouse needs to have a valid SSN," is the only exception listed.
There is no passed legislation at the moment that provides a second stimulus check directly to American taxpayers. Last week, Trump signed a new coronviarus aide relief package, worth an estimated $484 billion, but this focused more on helping small businesses. It replenished the Paycheck Protection Program, which allows businesses to apply for loans so they can stay afloat and continue paying employees.