Citing Irreparable Harm, Court Temporarily Bars State from Ending Food Benefits for Legal Immigrants
Legal Services E-lert
Bibliographic Info:
Author: Vanessa Ho
Source: Seattle Post Intelligencer, “Judge orders state to continue food benefits for immigrants”
Date: February 1, 2011
The Seattle Post Intelligencer reports: “A federal judge has temporarily stopped Washington from eliminating food benefits for thousands of legal immigrants, after the state was planning to whack the program to save $7.2 million. The cut had been scheduled to take effect [February 1]. The Department of Social and Health Services had planned the cut to help balance the current dismal state budget. By dropping the program, the state was also expecting to save an additional $45 million in the next budget cycle, which faces a massive $4.6 billion deficit. DSHS's plan called for eliminating state food aid to 14,000 poor, legal immigrants who don't qualify for federal food stamps, mostly because they haven't lived in the country long enough. The move prompted Columbia Legal Services to file a federal, class-action lawsuit last month, alleging the cut is unconstitutional. Last week, U.S. District Court Marsha Pechman imposed a temporary restraining order against the state. In a ruling issued Friday, Pechman wrote that the food program provides legal immigrants a vital resource, which, if eliminated, would create an ‘irreparable harm.’ ‘While the public's interest is served by conserving the resources of the state, the need to the Plaintiff and class members is extreme and substantial. Plaintiff's and class's suffering 'is far more compelling than the possibility of some administrative inconvenience, or monetary loss to the government,' Pechman wrote, citing a previous court case. The plaintiff in the case is a low-income King County mother of three kids, whose household receives $306 in state food aid, on top of federal help. Although the woman lives in the country legally, she doesn't qualify for federal food aid, because she has lived here for less than five years. Columbia Legal said the elimination of food aid for legal immigrants - while providing similar benefits to U.S. citizens and some non-citizens - violated the ’Equal Protection Clause’ in the U.S. Constitution.”