Gavin Newsom sued over financial support for unemployed undocumented immigrants

A conservative group has filed an emergency petition with the California Supreme Court, seeking to block the implementation of Gov. Gavin Newsom’s program to provide $500 checks to unemployed undocumented immigrants.

The Center for American Liberty and Dhillon Law Group, led by conservative attorney Harmeet Dhillon, filed the emergency petition on Wednesday on behalf of two plaintiffs, Ricardo Benitez and Jessica Martinez.

Both Benitez and Martinez are candidates for a seat on the California State Assembly; Benitez is a Republican running for Assembly District 39, while Martinez is a Republican running for Assembly District 57.

The emergency petition states that Newsom exceeded his legal authority in parceling out $75 million in state funds to regional nonprofits, which are then re-distributing that money to unemployed undocumented immigrants affected by the coronavirus emergency.

Newsom said in a press conference at the time that undocumented workers affected by the COVID-19 emergency were unable to access federal stimulus or unemployment benefits, and that this program was intended to provide some help.

The petition argues that Newsom’s appropriation is contrary to the legislative intent of the funding, making it a gift, and since the gift is going to organizations outside the exclusive management and control of the state, the appropriation is unconstitutional.

“We are a nation of laws and California perhaps its own ‘nation-state’ of laws as Governor Newsom might say, but regardless of Governor Newsom’s noble intentions, he may not grant unemployment benefits or other cash benefits contrary to the law,” the petition reads in part.

Dhillon in a statement said that state money intended to address the coronavirus emergency is not “a slush fund for the governor to spend as he sees fit.”

“Governor Newsom is ignoring the proper, and constitutional, channel to appropriate funds. At a time when law-abiding Californians are crushed by unemployment, housing issues, business closures, and massive limitations on our normal lives, Governor Newsom is doing an end-run around the legal guardrails in place,” Dhillon said.

In response to the filing, Newsom’s office released a statement, saying “California is taking legally justified and morally necessary action to assist all Californians impacted by COVID-19. These actions benefit public health and the economic well-being of families and communities hit hardest by this pandemic. We look forward to defending what we know to be right in court.”

This story was originally published April 23, 2020 at 4:47 PM with the headline "Gavin Newsom sued over financial support for unemployed undocumented immigrants."