Should people in prison receive the $1,200 coronavirus stimulus payment? Wasn’t the idea behind the program to help working Americans overcome job shutdowns and layoffs? How would people in prison, who are housed, fed, and often get free education and vocational training, qualify?
According to Judge Phyllis J. Hamilton of the U.S. District Court for the Northern District of California, the government cannot withhold coronavirus stimulus checks for felons just because they are behind bars.
What may sound outrageously counterintuitive to law-abiding working people, seemed to make good sense on a strictly legal level. The attorneys who argued on behalf of inmates convinced her that:
- The CARES legislation that opened the floodgates of federal funds made no mention of incarcerated people.
- The IRS originally determined that prisoners were eligible and mailed out 85,000 checks valued at $100 million before they reversed course and recalled the checks.
The lawyers further argued that prisoners and their families need the money just like everyone else — and even more so. Incarcerated felons and their families on the outside are among the most hurting economically, especially during the pandemic. People in jail, they claim had less than $20,000 in median income before running afoul of the law. That is compared to over $41,000 for everyone else.
Judge Hamilton, a Clinton 1990 appointee, ruled in favor of the prisoners. The judge also ordered the IRS to correct its website. The IRS inserted a new answer to the question, “Does someone who is incarcerated qualify for the payment?” Their revised answer is that in response to the lawsuit, the IRS cannot withhold the money to people who “meet the standard requirements.”
The court has ordered the IRS to mail notices to prisoners everywhere and inform them they are eligible. The government is appealing those decisions. In the meantime, the clock is running out for prisoners (and everyone else) to file simplified paper tax returns by October 30 (November 21 for those who didn’t file in previous years).
So, unless Judge Hamilton’s ruling is reversed, the IRS has 30 days to:
- “…reconsider advance refund payments to those who are entitled to such payment…”
- “…reconsider any claim filed online…that was previously denied…solely on the basis of the claimant’s incarcerated status.”
The order gives the IRS 45 days to “file a declaration confirming (the above) steps have been implemented, including data regarding the number and amount of benefits that have been disbursed.”
What caused this mess? Derek Gilna writing for Prison Legal News hailed the judge’s decision as “a clear victory for prisoners and their families.” He cites the following reasons for the judge’s ruling:
- Congress’s failure to specifically exclude prisoners from receiving a stimulus check, even though it had the opportunity to do so.
- The indecisive and unauthorized administrative action by the IRS that was outside the scope of the legislation.
Janet Holtzblatt, senior fellow at the Urban-Brookings Tax Policy Center, observed that the IRS embarked on a slippery slope when it sent out the first payments: “The door had already been opened. Payments had gotten out, and they were trying to get them back.”
The feds couldn’t un-ring the bell, and taxpayers will once again take it on the chin.
No if in prison no stimulus should not have gotten their asses in prison they are owed nothing.
Hell no, along with no checks for illegal aliens..what is wrong with America..look toward California..there is your answer.
I agree they’ve loss their rights. Besides they are already getting three squares a day, a warm place to sleep, and free medical attention all on the American taxpayer. That Califorina judge shown be disbarred and removed from the bench. Overturn his decision.
I agree them and illegals shouldn’t get paid any plus that judge should be defunded
This is why people are moving out of Caliifornia. The problem is that they are taking their politics with them.
Other states will turn into California Jrs.
California is the land of fruits and nuts.
That’s why I left calif years ago people who are making the laws or running the state seem to have peanuts for brains …
I AGREE
No they should not. We should not be rewarding people for bad behavior ! What is wrong with this Judge? This is the kind of Judge we want to remove from the courts. He or she is an absolute mental midget.
They already are paid by We The People by our tax dollars for their housing and food. They do not deserve a stimulus check. They are in prison. Judge must be a democrat dim wit. I am so sick of the dumbocrats !!!!
I WOULD LIKE TO KNOW WHAT DRUGS THE JUDGE IS PUTTING UP HIS NOSE!!!!!!HIS DUTY IS TO FOLLOW THE CONSTITUTION NOT MAKE UP LAWS!!!!
No. They contributed nothing to it. Like illegals. Not entitled to any governmental funding.
Absolutely not!
There are 2 key factors on why this crap is happening, first is that this radical judge is an Obama appointee, the 2nd factor is he is from the State of California. A felon doing time does not file taxes and besides if he or she is locked up they should not be entitled to any government handouts. These liberal radicals are ruining America!!
Yes this is for sure! Obama appointee ! Another mental midget !
Is this guy completely insane, absolutely No stimulus money for a convicted criminal. I work 40 hours a week as an essential employee, after taxes, insurance, etc., I don’t even take home $600.00 every week plus unemployment benefits of $400.00 or $500.00 hundred. I’m working for less than $600.00 a week while some people are sitting home playing video games for a hell of a lot more. And NO. I will not join all the losers out there, I am proud to get up every morning and contribute to society, the other option is to be controlled by the government.
“NO”, they shouldn’t get checks, they’ve taken away from the system in legal fees , apprehension costs, etc. if you’ve taken away the right from someone, then this right should be taken from you.
They have not done anything to earn it yet some socialist dope of a judge says that they are entitled to money they will never pay back thru taxes.
Absolutely no checks for convicts in prison!! That’s like saying that they can vote too!!! Convicts have no rights. They should actually be forced to work if they want to eat more than once a day. No paid jobs in prison either.
He’ll no . When I was in, I didn’t get a damn thing and if you are in there, it’s because you paying for what you did. Somebody has a dumbass judge.
No way, the are law breakers who do not deserve any stimulus payment!
This is the kind of judge we need to remove! This Judge is a complete ass hole! If they are in jail, then they did not work at all!
This is really the most asinine idea that I have ever hear of ! What is wrong with this ass hole! Another DemocRAT !
Hell No they Are Inmates in Prison And have no reason to get a stimulus check. They are already getting What they Need and don’t need extra money they have more rights than anyone. HELL NO, NO STIMULUS CHECKS.
Hell No ! !
No No No -I hope that the voters vote the judge out of office . When a Judge comes up for re-election , I always vote no as they are usually too old and should have retired years ago. Howard
For God’s sake look what state it’s coming from………….that tells you the story, hopefully kalleefornia will fall off in the ocean.
Families of person imprisoned should, if they depend on social support, receive such support – but there is no right to further payment, as their economic situation is unchanged
No way. The families on the outside need the money. A lot of women are unable to take care of their families and work at the same times. Inmates? No way!
If you read between the lines. It’s not the prisoners that would get the money. California needs money badly. All the fruit and nuts that’s running it. Would profit from it.
Felons in prison are paying their debt to society and should receive nothing from the government! They have free housing and free meals. That is all they deserve. Felons do not file taxes to support this stimulus money, so they should not get rewarded for breaking the law! What the hell is California doing paying them when they could be paying the homeless for god’s sake. They have no roof over their heads or food in the bellies. Get a grip on your leaders and vote them out, or move out of that crazy state! Total insanity!