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Tuesday, June 09, 2020

Judicial Watch Victory: Federal Court Rules Montgomery County, MD, Program to Provide Cash Payments to Illegal Aliens Likely Violates Federal Law and Causes Irreparable Harm to Taxpayers

(Washington, DC) – Judicial Watch announced today that a federal court ruled a Montgomery County, MD, program that provides $10 million in cash payments to illegal aliens likely violates federal law and irreparably harms county taxpayers. The court ordered the county to hold back 25% of any unspent funds until the court can fully consider the merits of Judicial Watch’s taxpayer lawsuit (Bauer, et al, v. Elrich, et al. (No. 20-cv-01212)). The court denied Judicial Watch’s request for a temporary restraining order.

This action comes in a lawsuit on behalf of Montgomery County taxpayers Sharon Bauer and Richard Jurgena, originally filed on May 13 in Montgomery County Circuit Court, which Montgomery County Executive Marc Elrich and Raymond Crowel, director of the county’s Department of Health and Human Services, subsequently removed to federal court. The lawsuit seeks to permanently enjoin Elrich and Crowel from expending taxpayer money on the cash-benefits program known as the “Emergency Assistance Relief Payment Program” (EARP). Payments under EARP would amount to $500 per single adult, $1,000 per family with one child and $150 per additional child, up to a maximum of $1,450 per family.

Under federal law, certain categories of aliens, including unlawfully present aliens, are ineligible for state or local public benefits. Such benefits include direct, cash payments. If a state chooses to provide such benefits to unlawfully present aliens, it must enact a state law affirmatively providing for such eligibility.

Judicial Watch argues EARP violates federal law because the Maryland State Legislature has not authorized Montgomery County to provide these benefits to unlawfully present aliens. Therefore, Elrich and the County Council overstepped their authority when they created the program. The Montgomery County DHHS has stated that “unlawfully present aliens are eligible to apply for and receive cash payments.”

The court agreed with Judicial Watch, ruling that:

Based on an analysis of the federal statute alone, the Court concludes that Plaintiffs have demonstrated a strong likelihood of success on the merits.

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6 comments:

Anonymous said...

Every state should have to pay their own way. The federal government should give no money to any state. STOP paying your federal taxes.

Anonymous said...

Tom Fitton and Judicial Watch are the best. If I had lots of money I would donate to them.

Anonymous said...

Winning --TRUMP 2020!

Anonymous said...

Adolph Hogan at it again. Giving away MD tax dollars to illegals while stealing from the Maryland State Employees Retirement Fund.

All MD Politians should have their salaries, retirement and benefits taken away ASAP That is past present and future.

Another example of Hogan running the Third Reich.

Anonymous said...

See what happens when you stand up and fight... But keep on being good coward slaves, that is working out for you isn't it?

Old Man said...

The way this article reads is that only Montgomery County has to pay for this fiasco. Since this is the one of the most liberal bastions of Maryland, let them pay for all of it completely. No skin off my back and I don't give a crap about these idiot liberals who have destroyed Maryland. I would not offer a good pee to put out any fire there. I do however wish the 3 or 4 republican/independent/other people in that county well in their endeavors. They have guts that I admire.