Congressman Mario Diaz-Balart

Representing the 25th District of FLORIDA

COVID Relief Bill Includes Diaz-Balart’s Fix to a CARES Act Discrepancy

Dec 21, 2020
Press Release

WASHINGTON, D.C. ­­–– Congressman Mario Diaz-Balart (FL-25) issued the following statement regarding his provision included in the new COVID relief bill that allows U.S. Citizens and Legal Permanent Residents to receive stimulus checks even if they are married to an undocumented immigrant.

Under current law, the CARES Act specifies that taxpayers who file with an Individual Taxpayer Identification Number (ITIN), rather than a Social Security Number (SSN), are ineligible for the Economic Impact Payment. The IRS assigns an ITIN to nonresident and resident aliens who are ineligible to receive Social Security Numbers or are in the process of applying for legal status. This provision in the CARES Act also applies to ITIN holders who file jointly with a U.S. Citizen or lawful permanent resident spouse, but in this case, the U.S. Citizen or lawful permanent resident spouse is also ineligible to receive the Economic Impact Payment for themselves or their children.

In June, Congressman Diaz-Balart introduced the Economic Impact Payment Fairness Act to address this discrepancy within the CARES Act by allowing all those with a valid SSN who meet the income requirements to receive the EIP and the child tax credit if their children meet the current criteria.

“As I have stated before, there is no reason to justify why a U.S. Citizen or Legal Permanent Resident should be excluded from receiving a benefit meant for Americans simply due to the legal status of a spouse. I am thrilled to see that this provision was taken into consideration in this new COVID relief bill, and I look forward to seeing the great impact this will make in helping the American people.”

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