A Judicial Watch attorney has sued on behalf of two California taxpayers, requesting that the Superior Court of California County of Los Angeles stop the state from spending $75 million in taxpayer funds to unlawfully present aliens.
“The California State Legislature has not enacted any law which affirmatively provides that unlawfully present aliens are eligible for those public benefits,” wrote plaintiff’s attorney Robert Patrick Sticht. “Defendants’ initiative violates federal law.”
Robin Crest and Howard Myers allege in their complaint that Gov. Gavin Newsom overstepped his authority and violated federal law when, without affirmative state legislative approval, he took executive action to create the Disaster Relief Assistance for Immigrants Project to provide cash benefits to illegal aliens who otherwise are ineligible for state or federal insurance or other benefits due to their unlawful presence in the United States.
“Most Americans want American resources to go to American families at this time of unprecedented hardship,” said George Farag, an expert in U.S. immigrant and non-immigrant visa policy who served as a diplomat and consular officer at American embassies in Iraq and Lebanon. “This lawsuit reflects the contention surrounding immigration and particularly illegal immigration. The issue is amplified as the American job market suffers the worst unemployment since the Great Depression.”
Kim Johnson, in her official capacity as director of the California Department of Social Services, is also named as a defendant. The complaint for declaratory and injunctive relief claims that plaintiffs have standing to sue state officials and obtain a judgment preventing illegal spending of taxpayer funds through Code of Civil Procedure section 526a.
“Some Californians believe that it’s unfair to not provide emergency support to illegal immigrants who pay taxes,” Farag told the Southern California Record.
According to the U.S. Bureau of Labor Statistics, California is among the top ten states with the highest unemployment at 15.5 percent compared to 28.2 percent for Nevada, the highest, and 7.9 percent for Connecticut, the lowest.
“Some 40 million Americans are currently without work and are fearful about their future,” Farag said.
Plaintiffs seek a judgment declaring that spending $75 million to provide one-time cash benefits of $500 per adult and $1,000 per household to 150,000 unlawfully present aliens and an estimated additional $4.8 million to administer those cash benefits violates 8 U.S.C. § 1621 and is illegal. The injunction, if granted, would permanently restrain and prevent Defendants from using taxpayer funds and taxpayer-financed resources to administer the cash benefits in the present and future.
Most recently on June 1, 2020, President Trump signed an executive order that suspends entry to the U.S. from China for certain students and researchers while permitting others who already live in America to be expelled.
“The executive order targets non-immigrant Chinese graduate students who intend to acquire American technology for the benefit of China,” said Farag. “Both the lawsuit and President Trump’s executive order seek to protect American interests. The executive order aims to keep sensitive American technology and intellectual property in America.”