Case: Shvartsman v. Callahan

1:97-cv-05229 | U.S. District Court for the Northern District of Illinois

Filed Date: July 28, 1997

Closed Date: 1997

Clearinghouse coding complete

Case Summary

On July 28, 1997, attorneys with the National Senior Citizens Law Center, the Poverty Law Project, the National Immigration Law and the Center SSI Coalition for a Responsible Safety Net filed a class action lawsuit in United States District Court for the Northern District of Illinois, challenging provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ("Welfare Reform Act"), 8 U.S.C. §§ 1601 et seq., which denied food stamps to certain lawful resident aliens. …

On July 28, 1997, attorneys with the National Senior Citizens Law Center, the Poverty Law Project, the National Immigration Law and the Center SSI Coalition for a Responsible Safety Net filed a class action lawsuit in United States District Court for the Northern District of Illinois, challenging provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ("Welfare Reform Act"), 8 U.S.C. §§ 1601 et seq., which denied food stamps to certain lawful resident aliens. Prior to the enactment of the Welfare Reform Act, permanent resident aliens had been entitled to receive cash and food stamp benefits under the Supplemental Social Security Income program ("SSI"), 42 U.S.C. §§ 1381 et seq., and the Food Stamp Program, 7 U.S.C. §§ 2011 et seq. After the Act, the states were required to recertify the eligibility of recipients to continue receiving food stamps. Legal immigrants who did not qualify for any of the statutory exceptions to the new citizenship requirement would be ineligible to receive food stamps until they were granted citizenship status. Plaintiffs claimed that those transition procedures violated their rights secured by the Due Process Clause of the Fifth Amendment by depriving them of a full and fair opportunity to recertify for eligibility before INS rules on their citizenship applications.

Plaintiffs moved for certification of a national class and for a preliminary injunction. The government opposed class certification and injunctive relief and, in turn, moved for summary judgment.

On August 28, 1997, the District Court (Judge Suzanne B. Conlon) granted plaintiffs' motion for class certification in part and denied in part. The Court denied plaintiffs' motion for preliminary injunction on behalf of the food stamp class is denied and granted summary judgment in favor of the defendants. The basis for the Court's rulings was set forth in a memorandum, opinion and order dated September 11, 1997. Shvartsman v. Callahan, 1997 WL 573404 (N.D.Ill. 1997). Plaintiffs appealed.

The Seventh Circuit Court of Appeals, (Circuit Judge Flaum) affirmed, holding that plaintiffs did not have a protected property interest in recertification procedures for receiving food stamps. The court also upheld the court's refusal to certify a national class. Shvartsman v. Apfel, 138 F.3d 1196 (7th Cir. 1998).

Summary Authors

Dan Dalton (11/5/2007)

People


Judge(s)

Bauer, William Joseph (Illinois)

Conlon, Suzanne B. (Illinois)

Flaum, Joel Martin (Illinois)

Posner, Richard Allen (Illinois)

Attorneys(s) for Plaintiff

Augustus, Sue (Illinois)

Bouman, John Mark (Illinois)

Joaquin, Linton (California)

Lesser, Daniel J. (Illinois)

McIntyre, Gerald Andrew (California)

Semmel, Herbert (California)

Judge(s)

Bauer, William Joseph (Illinois)

Conlon, Suzanne B. (Illinois)

Flaum, Joel Martin (Illinois)

Posner, Richard Allen (Illinois)

Attorneys(s) for Plaintiff

Augustus, Sue (Illinois)

Bouman, John Mark (Illinois)

Joaquin, Linton (California)

Lesser, Daniel J. (Illinois)

McIntyre, Gerald Andrew (California)

Semmel, Herbert (California)

Yates, Thomas D. (Illinois)

Attorneys(s) for Defendant

Lewis, Jacob M. (District of Columbia)

Ryczek, Carole Judith (Illinois)

Stern, Marc (District of Columbia)

Walsh, Thomas P. (Illinois)

Documents in the Clearinghouse

Document

Docket (PACER)

May 13, 1998 Docket
50

Memorandum Opinion and Order

1997 U.S.Dist.LEXIS 13954

Sept. 11, 1997 Order/Opinion

Opinion

Shvartsman v. Callahan

U. S. Court of Appeals for the Seventh Circuit

138 F.3d 1196

March 16, 1998 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Illinois

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 28, 1997

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons in the Seventh Circuit who: (1) were recipients of food stamps; (2) are legal permanent residents; (3) subject to eligibility recertifications; (4) have filed applications for naturalization but (5) hadn't received an INS adjudication.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Social Security Administration, Federal

U.S. Department of Agriculture, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

42 U.S.C. § 1981

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Immigration/Border:

Constitutional rights

Status/Classification