Californians struggling to make ends meet during extended coronavirus shutdowns were not amused when their governor, Gavin Newsom, announced the creation of a public-private partnership to give away $125 million ($500/person) in pandemic relief grants to illegal immigrants who are ineligible to receive unemployment benefits or federal stimulus checks (because they are not here legally, duh).
Newsom further explained that of the $125 million in funding, $75 million would come from taxpayer funds (without explaining any legislative process appropriating such funds) and that “a group of charities” had promised to chip in $50 million. An accompanying press release gave more details (emphasis added):
California’s $75 million Disaster Relief Fund will support undocumented Californians impacted by COVID-19 who are ineligible for unemployment insurance benefits and disaster relief, including the CARES Act, due to their immigration status. Approximately 150,000 undocumented adult Californians will receive a one-time cash benefit of $500 per adult with a cap of $1,000 per household to deal with the specific needs arising from the COVID-19 pandemic. Individuals can apply for support beginning next month.The state’s Disaster Relief Fund will be dispersed through a community-based model of regional nonprofits with expertise and experience serving undocumented communities.
There’s only one problem. California’s Constitution forbids appropriating funds “to any corporation, association, asylum, hospital, or any other institution not under the exclusive management and control of the State as a state institution.” Newsom had attempted this method of distribution since, under state and federal law, unemployment benefits cannot be extended to illegal aliens either without caring that it was prohibited under California’s constitution, or believing that no one would care enough to challenge it.
He was wrong. On April 22 Ricardo Benitez, a legal immigrant from El Salvador, and Jessica Martinez, a Californian of Mexican/American descent, “filed an emergency petition to the California Supreme Court requesting the Court immediately stay Governor Newsom’s appropriation of $75 million to unnamed regional non-profits so they can, in turn, provide $500 checks to unemployed undocumented immigrants.” Benitez and Martinez are both Republican candidates for the California State Assembly and are represented by The Center for American Liberty in conjunction with Harmeet Dhillon and Mark Meuser of the Dhillon Law Firm.
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