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Opinion

Stimulus payments and the undocumented immigrant

US IMMIGRATION NOTES - Atty. Marco F.G. Tomakin - The Freeman

One of the topmost priorities of the Biden administration is the amelioration of the hardships that Americans continue to suffer due to the COVID-19 pandemic. Aside from the vigorous efforts in rolling out the vaccination program, it has been Mr. Biden's plan to provide another round of stimulus payments higher than the previous amount given by the Trump administration. Thus, Mr. Biden, along with his allies in the Democrtatic-led Congress, ensured the passing of the American Rescue Plan of 2021. This ambitious law has so far given out more than $325 billion dollars in direct financial assistance to millions of Americans. This law provides for stimulus payments to eligible individuals for $1,400 and $2,800 for couples filing a joint tax return. Dependents, regardless of age also receive $1,400.

Of course, there are certain requirements. One of which is that only people with valid social security numbers are eligible to receive such payments. This covers among others, US citizens, permanent residents, and non-immigrant visa workers like the H1B visa holders who all hold SS numbers. However, undocumented immigrants who do not have SS numbers will not expect to receive their share. Even if the undocumented filed a tax return using his Individual Tax Identification Number, he is not eligible for payment as well. One exception, is that families with mixed immigration status are no longer disqualified.

Is this scenario fair? Here is an illustration and you be the judge. Conchita, an undocumented single mother of three children works at a local restaurant. As she does not have a work permit (having no SS number in the first place) she is being paid "under the table" collecting less than the minimum wage and only relies on tips to augment her income. In the hopes that she might earn the goodwill of the US government in case an immigration reform will finally happen, she files her income tax return using an IRS-issued ITIN. She also pays other forms of state and federal taxes when she buys groceries, pumps gas, or eats out at a local McDonald’s. According to the estimates provided by the Institute on Taxation and Economic Policy, undocumented immigrants like Conchita, paid a total of $11.7 billion dollars in state and local taxes in 2014. It is through the payment of direct and indirect taxes by hardworking undocumented immigrants that this staggering amount could support the local economies or could contribute funding for public schools and other city/town services. Under this law, Conchita, had she possessed a social security number she could have been entitled to $5,600.

The undocumented are most often left out in stimulus payments paid out by administrations of either parties. This is not a Democrat or Republican issue. This is a human rights issue where equality is getting kicked out the door. When even a street bum who happens to have his own SS number but has not worked a day in his life could receive his share of the aid, and rightfully so, why not a similar assistance be given to the undocumented? As this pandemic is a shared experience by everyone regardless of any qualifying distinction, and the purpose of this law is to provide relief, why must there be a distinction whether you are documented or not? Or if you possessed a social security number or not? In a country that prides itself and preaches to the whole world the values of justice, fairness, and protection for the needy, this, to me, is an embarrassing contradiction.

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