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Case Name Doe v. Reivitz IM-WI-0001
Docket / Court No. 85 C 0793 ( E.D. Wis. )
State/Territory Wisconsin
Case Type(s) Immigration
Case Summary
In 1985, a group of U.S. citizen children and eligible alien children filed a class action lawsuit in the U.S. District Court for the Eastern District of Wisconsin, challenging Wisconsin's denial of benefits under the Aid to Families with Dependent Children-Unemployed Parent ("AFDC-UP") program, 42 ... read more >
In 1985, a group of U.S. citizen children and eligible alien children filed a class action lawsuit in the U.S. District Court for the Eastern District of Wisconsin, challenging Wisconsin's denial of benefits under the Aid to Families with Dependent Children-Unemployed Parent ("AFDC-UP") program, 42 U.S.C. § 601 et seq., because their parents were undocumented aliens. Plaintiffs asserted that the State's actions violated the Equal Protection Clause and the Social Security Act.

The State filed a third-party complaint against the U.S. Department of Health and Human Services on grounds that the conduct challenged by the plaintiffs was dictated by federal policy.

After the parties filed cross-motions for summary judgment, the District Court (Judge Terrence T. Evans) entered judgment in favor of the plaintiffs on July 22, 1986, finding that the Wisconsin program violated the Equal Protection Clause and the Social Security Act. The District Court enjoined the State from barring funding to children whose parents were undocumented aliens. The Court also certified a class of children consisting of:

All needy United States citizen and eligible alien children who are applying for or have been receiving AFDC-UP benefits and whose benefits have been, are being, or will be denied or terminated because of defendants' policy that AFDC-UP benefits may not be paid if the principal wage earner in the household is an undocumented or illegal alien for AFDC purposes.

The State appealed. The Seventh Circuit Court of Appeals (Judge Richard D. Cudahy) affirmed the District Court. Doe v. Revtiz. 830 F.2d. 1441 (7th Cir. 1987). An order amending the opinion to add a footnote was entered on March 22, 1988. Doe v. Revtiz. 842 F.2d 194 (7th Cir. 1988).

We have no further information on this case.

Stephen Imm - 08/23/2007


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Issues and Causes of Action
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Issues
General
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration
Constitutional rights
Family
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Secretary of Wisconsin Health and Social Services
U.S. Department of Health and Human Services
Plaintiff Description All needy U.S. citizen and eligible alien children who are applying for or have been receiving AFDC-UP benefits and whose benefits have been, are being, or will be denied or terminated because their parents were illegal aliens.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1986 - n/a
Case Closing Year n/a
Case Ongoing Unknown
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Opinion 09/28/1987 (830 F.2d 1441)
IM-WI-0001-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 03/22/1988 (842 F.2d 194)
IM-WI-0001-0002.pdf | WESTLAW| LEXIS | Detail
Judges Cudahy, Richard Dickson (Seventh Circuit)
IM-WI-0001-0001 | IM-WI-0001-0002
Eschbach, Jesse Ernest (N.D. Ind., Seventh Circuit)
IM-WI-0001-0001 | IM-WI-0001-0002
Wood, Diane Pamela (Seventh Circuit)
IM-WI-0001-0001 | IM-WI-0001-0002
Monitors/Masters None on record
Plaintiff's Lawyers Kant, Deborah R. (District of Columbia)
IM-WI-0001-0001
Defendant's Lawyers DeLassio, Patricia (Wisconsin)
IM-WI-0001-0001
Other Lawyers None on record

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