Justices won't restore food stamps for immigrants
By Laurie Asseo, Associated Press, 03/27/00
WASHINGTON -- The Supreme Court today refused to force the government to restore food stamps and other benefits for legal immigrants cut off in a massive 1996 welfare overhaul.
The court, without comment, rejected an appeal by Chicago officials and a group of noncitizen residents who said the 1996 law violated their equal-protection rights.
"The federal government ... is forbidden to balance its budget by denying welfare benefits to lawful permanent residents," the appeal had contended.
In other cases today, the court:
-Ruled that the Democratic Party lawfully refused to count votes cast for political extremist Lyndon LaRouche in the 1996 presidential primaries. The court, upholding lower court rulings, rejected LaRouche's argument that the Democratic Party's rules should have been cleared by the Justice Department.
- Let the National Park Service discourage rock-climbing on the Devils Tower National Monument in Wyoming when American Indians hold sacred ceremonies at the 600-foot butte. The court rejected an unusual church-state case in which rock climbers argued they should have legal standing to challenge the Park Service policy.
-Steered clear of a dispute over people who file for federal bankruptcy protection and then try to avoid paying back student loans from state-run colleges and universities. The justices rejected an appeal in which Kansas officials said state schools are immune from such maneuvers because the Constitution's 11th Amendment shields them from being sued in federal court.
The 1996 Welfare Reform Act, which dramatically cut welfare rolls nationwide, barred noncitizens living in this country from collecting food stamps and disability benefits through Supplemental Security Income.
Immigrants also were barred from collecting general welfare benefits and Medicaid until they live in the United States for five years.
The cutoff was intended to encourage immigrants to be self-sufficient and to ensure that welfare benefits do not create an incentive for people to emigrate to this country.
Congress later restored food stamps and SSI disability benefits to some immigrants living in the United States before August 1996.
The city of Chicago and a group of legal immigrants challenged the welfare law in federal court, saying it violated some immigrants' equal-protection rights.
A federal judge upheld the limits on benefits, and the 7th U.S. Circuit Court of Appeals agreed. The government is not required to give all aliens the same welfare benefits provided for citizens, the appeals court ruled.
In the appeal acted on today, lawyers for Chicago and the immigrants said Congress' decision to allow people into the country but deny them benefits unfairly raises costs for state and local governments.
Justice Department lawyers said the benefit restrictions were a valid restriction on aliens' conduct in the United States. They noted that the Supreme Court in 1996 let the government require immigrants to live in this country for five years before collecting Medicare.
The case is Chicago vs. Shalala, 99-898.
