Rodriguez v. U.S.

• Decision Date: 17 September 1997
• Docket Number: 97-1182-Civ.
• Citation: 983 F.Supp. 1445
• Parties: Marciano RODRIGUEZ, et al., Plaintiffs, v. UNITED STATES of America, et al., Defendants.
• Court: U.S. District Court — Southern District of Florida

983 F.Supp. 1445

Marciano RODRIGUEZ, et al., Plaintiffs, v. UNITED STATES of America, et al., Defendants.

97-1182-Civ.

United States District Court, S.D. Florida.

September 17, 1997.

COPYRIGHT MATERIAL OMITTED

Randall Challen Berg, Jr., JoNel Newman, Peter M. Siegel, Florida Justice Institute Incorporated, Miami, FL, Michael A. Gross, for Emelina Rodriguez.

Randall Challen Berg, Jr., JoNel Newman, Peter M. Siegel, Florida Justice Institute Incorporated, Miami, FL, for Marciano Rodriquez, Rafael Caramazana, Gina Martelly, Antonia Fernandez, Eduardo Marsans.

Ellen Marjorie Saideman, Fort Lauderdale, FL, for Henriette Guillaume.

Karon Margaret Coleman, Dade County Atty.'s Office, Miami, FL, for Metropolitan Dade County.

Mark Robert Schlakman, W. Dexter Douglass, State of Florida Office of the Governor, Tallahassee, FL, for Lawton M. Chiles, Jr.

Parker D. Thomson, Thomson, Muraro, Razook & Hart, P.A., Miami, FL, Michael A. Gross, Ana Cristina Martinez, Office of the Atty. General, Tallahassee, FL, for State of Florida, Attorney General.

Richard E. Doran, General Counsel, Tallahassee, FL, for Edward A. Feaver.

Jerome Wayne Hoffman, Tallahassee, FL, Michael A. Gross, for Douglas M. Cook.

Edward George Labrador, John Jefferson Copelan, Jr., Broward County Atty.'s Office, Fort Lauderdale, FL, for Broward County.

ORDER

GRAHAM, District Judge.

THIS CAUSE came before the Court upon the following:

1. Defendants' Motion to Dismiss (DE 30); and

2. Plaintiffs' Motion for Preliminary Injunction (DE 28).

I. STATEMENT OF FACTS

A. PARTIES

Plaintiffs Marciano Rodriguez, Emelia Rodriguez, Rafael Caramazana, Gina Martelly, Antonia Fernandez, Eduardo Marsans, and Henriette Guillaume are poor individuals who are blind, elderly or disabled legal non-citizens receiving SSI and Food Stamp benefits from the United States government.

These plaintiffs brought this lawsuit as a class action pursuant to Fed.R.Civ.P. 23 on behalf of all poor individuals who are blind, elderly or disabled legal non-citizens residing in Florida who were formerly eligible for, or who will be eligible for in the future federal SSI and related Food Stamp benefits, and who, based solely on their non-citizen status, will lose or be denied those benefits as a result of § 402 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub.L. No. 104-193, 110 Stat. 2105, codified at, 8 U.S.C. §§ 1601, et. seq. (hereinafter referred to as the "Welfare Reform Act"). The parties stipulated that there was a proper class and that the case could proceed as a class action. This Court approved the class stipulation on May 15, 1997. When this action was originally filed, the class was estimated to involve approximately 80,000 individuals throughout Florida. The individual plaintiffs named above and the class of individuals they represent shall sometimes hereinafter collectively be referred to as "The Plaintiff Class".

Also participating as plaintiffs in this action are the following: (1) The State of Florida (2) Metropolitan Dade County, Florida ("Dade County"); (3) Florida Governor Lawton M. Chiles, Jr., ("Governor"); (4) Florida Attorney General Robert A. Butterworth ("Attorney General"); (5) Secretary of Florida Department of Children and Family Services, Edward A Feaver ("Secretary of Family Services"); and (6) Director of the Florida Agency for Health Care Administration, Douglas M. Cook ("Director of Health Care"). The State of Florida, Governor, Attorney General, Secretary of Family Services, and Director of Health Care are sometimes hereinafter collectively referred to as the "Florida State Plaintiffs".

Plaintiffs have brought this action against the following defendants: (1) The United States of America ("USA"); (2) Secretary of Health and Human Services ("HHS"), Donna Shalala ("Secretary of HHS"); (3) Acting Commissioner of the Social Security Administration ("SSA"), John J. Callahan ("Commissioner of SSA"); and (4) Secretary of Agriculture, Daniel Glickman ("Secretary of Agriculture"). The Secretary of HHS, Commissioner of SSA and Secretary of Agriculture have been sued in their official capacities only.

The counts of the complaint in this action are as follows: (1) The Plaintiff Class v. All defendants: Violations of Equal Protection Rights Under the Fifth Amendment of the United States Constitution; (2) Florida State Plaintiffs and Dade County v. All Defendants: Violations of the Administrative Procedure Act (Abuse of Discretion); (3) Florida State Plaintiffs and Dade County v. All Defendants: Violations of the Administrative Procedure Act (Rulemaking Procedures); (4) Florida State Plaintiffs and Dade County v. All Defendants: Breach of Contract; and (5) Florida State Plaintiffs and Dade County v. All Defendants: Violations of Article IV, § 4, and the Tenth Amendment of the United States Constitution.

B. BACKGROUND

Pursuant to 42 U.S.C. §§ 1381, et seq., the federal government provides subsistence level benefits known as Supplemental Security Income ("SSI") to individuals who are impoverished and either elderly, blind or disabled. In order to qualify, individuals must show: (1) that they have minimal assets and income¹ and (2) they are blind², severely disabled³ or elderly⁴.

Pursuant to 7 U.S.C. §§ 2011, et seq., the federal government provides benefits known as food stamps to financially needy individuals and families. In order to qualify, individuals must show that they have minimal assets and income.⁵ Anyone who qualifies for SSI benefits automatically qualifies for food stamp benefits. 7 U.S.C. § 2014(a).

Through these programs, SSI and food stamp benefits have been heretofore available to qualified legal aliens.

Over the years, the costs of these programs increased dramatically. Due to these increased costs, Congress investigated possible changes through which it could reform the welfare system. During its investigation, Congress discovered that the number of alien welfare recipients were increasing at a rapid rate. For example, 151,207 aliens received SSI benefits in 1983 as compared to 683,178 in 1993. UNITED STATES GENERAL ACCOUNTING OFFICE, Report to the Ranking Minority Member, Subcommittee on Human Resources, Committee on Ways and Means House of Representatives: Welfare Reform: Implications of Proposals on Legal Immigrants' Benefits, GAO-HEHS-95-58 at p. 7 (February 1995) (hereinafter referred to as the "February 1995 GAO Report"). In addition, aliens constituted approximately 6% of all SSI cases in 1986, but comprised 12% of all SSI cases by 1994. UNITED STATES GENERAL ACCOUNTING OFFICE, Testimony Before the Subcommittee on Human Resources, Committee on Ways and Means, House of Representatives: Supplemental Security Income: Noncitizen Caseload Continues to Grow, GAO-T-HEHS-96-149 at p. 4 (May 23, 1996) (Statement of Jane L. Ross, Director Income Security Issues: Health, Education, and Human Services Division) (hereinafter referred to as the "May 1996 GAO Report"). In terms of cost, the General Accounting Office determined that aliens received approximately $3.6 billion in benefits during 1996. May 1996 GAO Report at p. 4. Furthermore, the number of aliens receiving SSI benefits increased by 6.4% from 1994 to 1995, even though the total number of SSI cases only increased 3.5% during that same period of time. Id.

To reduce the increasing costs of the welfare programs, to promote self sufficiency amongst aliens, and to encourage aliens to naturalize, Congress enacted the Welfare Reform Act. On August 22, 1996, this Act became law.

The Welfare Reform Act, 8 U.S.C. § 1612, changed welfare eligibility rules for legal aliens. Under the new rules, many legal aliens no longer qualify for SSI or food stamp benefits. See 8 U.S.C. § 1612. The groups of legal aliens who are still eligible for Social Security and Food Stamp benefits include the following groups: (1) refugees; (2) asylees; (3) certain aliens who have had their deportation withheld; (4) aliens who were granted status as Cuban or Haitian entrants; (5) certain Ameriasians; (6) lawful permanent residents who have worked 40 qualifying quarters; (7) legal aliens who were honorably discharged or are on active duty in the Armed Forces. 8 U.S.C. § 1612(a)(2). In addition, through recent amendments to the Welfare Reform Act, Congress provided that groups of legal aliens that are still eligible for Social Security benefits only, include the following: (1) legal aliens who were lawfully residing in the United States and who were receiving SSI benefits on August 22, 1996; (2) an alien who was lawfully residing in the United States on August 22, 1996 and is blind or disabled; (3) certain American Indians; and (4) Certain SSI beneficiaries who are receiving benefits pursuant to applications that were filed before January 1, 1979. 8 U.S.C. § 1612(a)(2)(E — G).

Through the Welfare Reform Act, Congress also provided that all legal aliens were to be evaluated under the new guidelines by the Social Security Commissioner. 8 U.S.C. § 1612(a)(2)(D). Legal aliens who were not receiving benefits as of August 22, 1996, were not entitled to any such benefits unless they met the new eligibility requirements. Legal aliens who were already receiving benefits as of August 22, 1996, had to requalify under the new eligibility rules. If they could not, their SSI benefits would be terminated effective September 30, 1998 and their food stamp benefits would be terminated effective August 22, 1997. 8 U.S.C. § 1612(a)(2)(D), as amended by, Pub.L. 105-33 § 5301. However, some of these aliens will continue to receive replacement food stamp benefits through aid that they receive from the State of Florida until June 30, 1998.

The Social Security Commissioner issued a policy for interpreting the Welfare Reform Act. This policy was issued pursuant to the SSA's Program Operations Manual System. The Policy is entitled Special Processing Requirements That Apply To Current Recipients, SI ...