Kiev v. Glickman

• Decision Date: 27 January 1998
• Docket Number: No. 97-1117 (MJD/AJB).,97-1117 (MJD/AJB).
• Citation: 991 F.Supp. 1090
• Parties: Lay KIEV, Moua Nhia Koua, Sary Sai, Pangchong Yang, Mee Xiong, Chanh Phomma, on behalf of themselves and others persons similarly situated, Plaintiffs, v. Daniel GLICKMAN, Secretary of Agriculture for the United States Department of Agriculture, Defendant.
• Court: U.S. District Court — District of Minnesota

991 F.Supp. 1090

Lay KIEV, Moua Nhia Koua, Sary Sai, Pangchong Yang, Mee Xiong, Chanh Phomma, on behalf of themselves and others persons similarly situated, Plaintiffs, v. Daniel GLICKMAN, Secretary of Agriculture for the United States Department of Agriculture, Defendant.

No. 97-1117 (MJD/AJB).

United States District Court, D. Minnesota.

January 27, 1998.

Todd A. Noteboom, Leonard Street & Deinard, Minneapolis, MN, Lawrence A. Moloney, Doherty Rumble & Butler, Minneapolis, MN, for and on behalf of plaintiffs.

Frank W. Hunger, Asst. Atty. Gen., David L. Lillehaug, U.S. Atty., Mary Joe Madigan, Asst. U.S. Atty., Thomas W. Millet, David M. Souders and Pamela J. Aronson, Dept. of Justice for and on behalf of Defendant.

MEMORANDUM OPINION AND ORDER

DAVIS, District Judge.

In 1996, the President signed into law the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996." 8 U.S.C. §§ 1601-1645 (hereinafter the "Welfare Reform Act" or the "Act"). Section 402 of the Welfare Reform Act denies, inter alia, food stamp benefits to certain legal aliens, refugees and asylees. 8 U.S.C. § 1612(a)(1).¹ The Plaintiffs are lawful permanent residents who are recipients of food stamp benefits and seek to represent a class of "all legal, permanent residents residing in a state within the Eighth Federal Circuit who are eligible for food stamp benefits under the Food Stamp Act of 1964, as amended, but for their status as lawful permanent residents, who were residing in the United States on August 22, 1996, and who have been or will be disqualified from receiving food stamps by operation of Section 402 of the [Welfare Reform Act.]"

Plaintiffs seek to enjoin Defendant from enforcing Section 402 of the Welfare Reform Act on the basis that it violates the equal protection component of the Fifth Amendment by impermissibly distinguishing between lawful permanent residents and citizens. Currently before the Court is Plaintiffs' Motion for a Preliminary Injunction, and for Class Certification. The Defendant moves for dismissal of Plaintiffs Complaint, arguing that this case involves pure legal issues and that the Defendant is entitled to judgment as a matter of law.

Food Stamp Act

In 1964, Congress established a federally funded, state administered food stamp program "in order to promote the general welfare, to safeguard the health and well-being of the Nation's population by raising levels of nutrition among low-income households." 7 U.S.C. § 2011. To be eligible for food stamps, a household's net income cannot exceed the federal poverty line nor can its available resources exceed $2,000, or where a household includes members that are 60 years of age or older, resources cannot exceed $3,000. 7 U.S.C. § 2014(c) and (g). Prior to the passage of the Welfare Reform Act, aliens lawfully permitted to reside in the United States, or who have resided in the United States prior to June 30, 1948 and have continuously maintained their residence here, and who met all other requirements, were eligible for food stamp benefits. 7 U.S.C. § 2015(f).

The Welfare Reform Act

Congress enacted the Welfare Reform Act to further the national policy of self sufficiency with respect to welfare and immigration. See generally, 8 U.S.C. § 1601. To further such policy, Congress determined that limiting eligibility rules for public assistance would remove incentives for illegal immigration, and would assure that aliens be self-reliant in accordance with national immigration policy. 8 U.S.C. § 1601(5) and (6). Prior to its enactment, welfare reform was the subject of extensive legislative activity. Members of Congress were concerned about the extent to which permanent legal residents were receiving federal public assistance. See e.g., 142 Cong.Rec. H7801 (July 18, 1996) (Rep.English); Id., H7805 (Rep. Dunn). In a report to the House Subcommittee on Human Resources, Committee on Ways and Means, the General Accounting Office determined that the percentage of immigrants who receive federal assistance in the form of Social Security Income ("SSI") or Aid to Families with Dependent Children ("AFDC"), is higher than the percentage of citizens receiving the same benefits — 6 percent of all immigrants compared to 3.4 percent of all citizens. GAO Report 95-588 at p. 2 (February 1995). From 1983 to 1993, the number of immigrants receiving SSI quadrupled. Id. Furthermore, reports to Congress suggested that the costs of welfare benefits to immigrants would increase from 3.6 billion dollars in 1996 to five billion dollars in the year 2000. GAO Report T-HEHS-96-149 p. 10 (May 1996). By the mid-1990's, 27 million people per month were receiving food stamp benefits at a cost of more than $26 billion per year. 142 Cong.Rec. H7747 (July 17, 1996) (Rep.Goodlatte). In response to these concerns, as well as others, the Welfare Reform Act was enacted.

As noted above, the Section 402 of the Welfare Reform Act places additional eligibility restrictions on non-citizens and permanent legal aliens for specified federal programs, including the food stamp program. Under the Act, qualified aliens may remain eligible for food stamp benefits only if they fall within certain exceptions: 1) aliens admitted as refugees may receive food stamps for the first five years after admission, and aliens who have been granted asylum or have had their deportation withheld may receive food stamps for the first five years after such status has been granted, 8 U.S.C. § 1612(a)(2)(A); 2) permanent resident aliens who have worked 40 qualifying quarters of coverage as defined in the Act, 8 U.S.C. § 1612(a)(2)(B); and 3) veterans, active duty members of the Armed Forces, and their spouses and unmarried dependent children. 8 U.S.C. § 1612(a)(2)(C).

Plaintiffs assert that the new restrictions on food stamp eligibility will have a devastating impact on those permanent lawful residents affected by depriving them of the minimal benefits needed to meet their basic, nutritional needs. Plaintiffs assert that many food stamp recipients are children, the elderly and disabled — those who are unable to work to become self-sufficient. The Act also affects those who are currently working, but still earn less than the federal poverty guidelines. Without the benefits of the food stamp program, those permanent lawful residents unable to reach the level of self-sufficiency pursued by Congress will face severe hardship and malnutrition, resulting in devastating and irreversible health and learning impacts.

Plaintiffs assert that Section 402 of the Welfare Reform Act denies Plaintiffs and all those similarly situated, the equal protection of the laws guaranteed them by the Due Process Clause of the Fifth Amendment to the United States Constitution. In their Complaint, Plaintiffs seek a declaration that Section 402 "is unconstitutional and illegal as applied to lawful permanent residents of the United States who were lawfully present in the United States on or before August 22, 1996." Third Amended Complaint ¶ 84. Plaintiffs also seek injunctive relief, enjoining the Defendant from enforcing Section 402 of the Welfare Reform Act prospectively and retroactively.

Before the Court is Plaintiffs' motion for a preliminary injunction. However, as argued by the Defendant, this case presents clear issues of law that are ripe for adjudication thus rendering preliminary relief inappropriate.

Equal Protection Challenge

1. Level of Review

The Fifth Amendment to the United States Constitution provides that "[n]o person shall be ... deprived of life, liberty, or property without due process of law." Although the Fifth Amendment does not contain the words "equal protection" the "concept of equal justice under law is served by the Fifth Amendment's guarantee of due process, as well as by the Equal Protection Clause of the Fourteenth Amendment." Hampton v. Mow Sun Wong, 426 U.S. 88, 100, 96 S.Ct. 1895, 48 L.Ed.2d 495 (1976). It is settled law, and not disputed by the parties, that aliens, as lawful residents of the United States, are persons entitled to protection under both the Fifth and Fourteenth Amendments. Kwong Hai Chew v. Colding, 344 U.S. 590, 596, 73 S.Ct. 472, 97 L.Ed. 576 (1953) (Fifth Amendment); Graham v. Richardson, 403 U.S. 365, 371, 91 S.Ct. 1848, 29 L.Ed.2d 534 (1971) (citing Yick Wo v. Hopkins, 118 U.S. 356, 369, 6 S.Ct. 1064, 30 L.Ed. 220 (1886) (Fourteenth Amendment)). While similar analyses are utilized for equal protection challenges under the Fifth and Fourteenth Amendments, the two protections are not always coextensive. Hampton, 426 U.S. at 100. "Not only does the language of the two Amendments differ, but more importantly, there may be overriding national interests which justify selective federal legislation that would be unacceptable for an individual State." Id.

It is the position of the Defendant that an overriding national interest is at stake in this case given Congress' plenary authority over matters of immigration and naturalization. In exercising this authority, Congress has the power to treat aliens differently from citizens. Because of this broad authority to regulate alien entry to, and the terms under which they may remain in this country, the role of the Judiciary in reviewing Congressional action is very limited. See, Fiallo v. Bell, 430 U.S. 787, 796, 799, 97 S.Ct. 1473, 52 L.Ed.2d 50 (1977); Kleindienst v. Mandel, 408 U.S. 753, 768-70, 92 S.Ct. 2576, 33 L.Ed.2d 683 (1972). The Defendant thus argues that the Court need only apply the rational basis test to determine the constitutionality of the Welfare Reform Act, relying primarily on Mathews v. Diaz, 426 U.S. 67, 96 S.Ct. 1883, 48 L.Ed.2d 478 (1976). Under this standard of review, if there is any reasonably conceivable state of facts that could provide a rational basis for the classification, the statute must be upheld. Heller v. Doe, 509 U.S. 312, 320, 113 S.Ct. 2637, 125 L.Ed.2d 257 (1993).

Plaintiffs argue that the alienage...