In 1983, a group of children who were legal U.S. citizens with immigrant parents filed suit in the U.S. District Court for the Northern District of Illinois, challenging their ineligibility for food stamps under the federal Food Stamp Program because they lived with their alien parents.

The District Court granted a preliminary injunction and plaintiffs moved for class certification. They proposed two separate classes, defined as follows:

(1) All persons in Illinois, who, since July 1, 1982, have applied or are applying for, or have had or are having their eligibility redetermined for, food stamps under the Food Stamp Program administered by the Illinois Department of Public Aid, and who were or are at the time of their application or eligibility redetermination: (a) eligible for food stamps; and (b) living with one or more aliens who were or are ineligible for food stamps solely because of their immigration status; (2) All aliens in Illinois who, since, July 1, 1982, were or are living and eating with persons who are eligible to receive food stamps and who have applied or will apply for food stamps.

On October 25, 1983, the District Court (George N. Leighton) denied class certification, citing a lack of evidence as to the number of people who would fall under the class descriptions and broad definition of the class descriptions. The Judge, however, indicated that he would reconsider the motion if evidence of the numerosity requirement was presented and the classes were redefined. Joe v. Miller, 573 F.Supp. 461 (N.D. Illinois 1983).

Erica Woodruff - 08/09/2007


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