Case: Doe v. Reivitz

2:85-cv-00793 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: May 24, 1985

Clearinghouse coding complete

Case Summary

In 1985, a group of U.S. citizen children and eligible alien children filed a class action lawsuit in the U.S. District Court for the Eastern District of Wisconsin, challenging Wisconsin's denial of benefits under the Aid to Families with Dependent Children-Unemployed Parent ("AFDC-UP") program, 42 U.S.C. § 601 et seq., because their parents were undocumented aliens. Plaintiffs asserted that the State's actions violated the Equal Protection Clause and the Social Security Act.The State filed a …

In 1985, a group of U.S. citizen children and eligible alien children filed a class action lawsuit in the U.S. District Court for the Eastern District of Wisconsin, challenging Wisconsin's denial of benefits under the Aid to Families with Dependent Children-Unemployed Parent ("AFDC-UP") program, 42 U.S.C. § 601 et seq., because their parents were undocumented aliens. Plaintiffs asserted that the State's actions violated the Equal Protection Clause and the Social Security Act.

The State filed a third-party complaint against the U.S. Department of Health and Human Services on grounds that the conduct challenged by the plaintiffs was dictated by federal policy.

After the parties filed cross-motions for summary judgment, the District Court (Judge Terrence T. Evans) entered judgment in favor of the plaintiffs on July 22, 1986, finding that the Wisconsin program violated the Equal Protection Clause and the Social Security Act. The District Court enjoined the State from barring funding to children whose parents were undocumented aliens. The Court also certified a class of children consisting of:

All needy United States citizen and eligible alien children who are applying for or have been receiving AFDC-UP benefits and whose benefits have been, are being, or will be denied or terminated because of defendants' policy that AFDC-UP benefits may not be paid if the principal wage earner in the household is an undocumented or illegal alien for AFDC purposes.

The State appealed. The Seventh Circuit Court of Appeals (Judge Richard D. Cudahy) affirmed the District Court. Doe v. Revtiz. 830 F.2d. 1441 (7th Cir. 1987). An order amending the opinion to add a footnote was entered on March 22, 1988. Doe v. Revtiz. 842 F.2d 194 (7th Cir. 1988).

We have no further information on this case.

Summary Authors

Stephen Imm (8/23/2007)

People


Judge(s)

Cudahy, Richard Dickson (Illinois)

Eschbach, Jesse Ernest (Indiana)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Kant, Deborah R. (District of Columbia)

Attorneys(s) for Defendant

DeLassio, Patricia (Wisconsin)

Judge(s)

Cudahy, Richard Dickson (Illinois)

Eschbach, Jesse Ernest (Indiana)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Kant, Deborah R. (District of Columbia)

Attorneys(s) for Defendant

DeLassio, Patricia (Wisconsin)

Documents in the Clearinghouse

Document

86-02350

86-02561

Opinion

U. S. Court of Appeals for the Seventh Circuit

830 F.2d 1441

Sept. 28, 1987

Sept. 28, 1987

Order/Opinion

86-02350

86-02561

Opinion

U. S. Court of Appeals for the Seventh Circuit

842 F.2d 194

March 22, 1988

March 22, 1988

Order/Opinion

Resources

Docket

Last updated June 3, 2022, 3 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Wisconsin

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: May 24, 1985

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

All needy U.S. citizen and eligible alien children who are applying for or have been receiving AFDC-UP benefits and whose benefits have been, are being, or will be denied or terminated because their parents were illegal aliens.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Secretary of Wisconsin Health and Social Services, State

U.S. Department of Health and Human Services, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1986 - None

Issues

General:

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

Immigration/Border:

Constitutional rights

Family Separation