Filed Date: May 24, 1985
Clearinghouse coding complete
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)
Cudahy, Richard Dickson (Illinois)
Eschbach, Jesse Ernest (Indiana)
Wood, Diane Pamela (Illinois)
Kant, Deborah R. (District of Columbia)
DeLassio, Patricia (Wisconsin)
Cudahy, Richard Dickson (Illinois)
Eschbach, Jesse Ernest (Indiana)
Wood, Diane Pamela (Illinois)
Last updated March 20, 2024, 3:08 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Wisconsin
Case Type(s):
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):
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.
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 1986 - None
Issues
General:
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration/Border: