City of Phoenix Sued for Withholding Immigrant Aid

PHOENIX — The City of Phoenix is being sued for allegedly withholding coronavirus aid from immigrants based on their status. The city’s COVID-19 emergency housing fund was set up using federal CARES Act funds to offset economic hardship suffered by many due to the virus. But aid was restricted based on whether or not an immigrant was “qualified”, the complaint said.

The plaintiffs include the Arizona Dream Act Coalition, Poder in Action and an individual named Aurora Galan Mejia. Galan Mejia is a DACA recipient who lost her job due to the pandemic and is now struggling to pay her mortgage but doesn’t qualify for assistance.

“This definition of ‘qualified’ immigrant under PRWORA is restrictive and leaves out many groups of immigrants, including DACA recipients, persons with 2 Temporary Protected Status, asylum applicants, U-Visa holders who are victims of serious crimes and others,” said the William E. Morris Institute for Justice, which is representing the plaintiffs in the case, according to KTAR.

Phoenix has set aside $25 million of the $293 million it received in federal aid dollars for housing assistance. Money distributed through the emergency housing program is designated to help with rent or utilities payments and does not go in the pockets of recipients; instead, landlords, mortgage and utility companies receive the payments.

The complaint, which Patch reviewed, argues that Congress did not intend to limit aid when it passed the CARES Act and is asking the court to declare the immigrant eligibility restrictions unlawful.

The City of Phoenix does not comment on pending litigation.