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Judicial Watch Sues California to Stop
Governor Newsom’s Initiative to
Provide $75 Million in Cash Benefits
to Illegal Aliens

APRIL 30, 2020|JUDICIAL WATCH

(Washington, DC) – Judicial Watch announced itfiled a lawsuit
in the Superior Court of California County of Los Angeles on
behalf of two California taxpayers, Robin Crest and Howard Myers,
asking the court to stop the state from expending $75 million of
taxpayer funds to provide direct cash assistance to unlawfully
present aliens (Crest et al. v. Newsom et al. (No. 20STCV16321)).
The lawsuit alleges California Governor Gavin Newsom overstepped
his authority and violated federal law when, without affirmative state
legislative approval, he took executive action to create the
“Disaster Relief Assistance for Immigrants Project” and provide
cash benefits to illegal aliens who otherwise are ineligible for state
or federal insurance or other benefits due to their unlawful
presence in the United States.

On April 15, 2020, Governor Newsom announced his new
executive initiative to provide direct assistance in the form of
cash benefits to illegal aliens. The initiative, known as the
“Disaster Relief Fund” or the
“Disaster Relief Assistance for Immigrants Project,”
would spend $75 million to provide direct cash payments to
illegal aliens and cost an estimated additional $4.8 million to
administer. Governor Newsom’s executive initiative would
provide one-time cash benefits of $500 per adult / $1,000
per household to 150,000 unlawfully present aliens in California.
These benefits are not provided to U.S. citizens residing in the state.

Under federal immigration law, 8 U.S.C. § 1621(a), unlawfully
present aliens generally are ineligible for State or local public
benefits. Section 1621(d) requires a state legislature to enact
a state law which affirmatively provides for such benefits for
illegal aliens:

Quote:A State may provide that an alien who is not lawfully
present in the United States is eligible for any State
or local public benefit … only through the enactment
of a State law … which affirmatively provides for
such eligibility.

The lawsuit alleges that the California State Legislature has not
enacted any law that affirmatively provides that unlawfully present
aliens are eligible for the $75 million of cash public benefits
announced by Newsom.

The lawsuit seeks to enjoin California “from providing $75 million
of taxpayer funds to unlawfully present aliens in violation of
federal law and expending an estimated additional $4.8 million
of taxpayer funds as well as additional taxpayer-financed
resources on the administration of those payments.”

“Governor Newsom has no legal authority on his own to spend
state taxpayer money for cash payments to illegal aliens,” said
Judicial Watch President Tom Fitton. “The coronavirus challenge
doesn’t give politicians a pass to violate the law. If California
politicians want to give cash payments to illegal aliens, they
must be accountable and transparent, and, as federal law
requires, pass a law to do so.”

IceWizard