Federal Judge Certifies Class, Orders Trump Administration to Stop Denying Pandemic Relief Funds to Incarcerated Persons

Oakland, CA - September 28, 2020 - (The Ponder News) -- On September 24, 2020, Judge Phyllis J. Hamilton of the U.S. District Court for the Northern District of California issued an Order certifying a nationwide class of people incarcerated in state and federal prisons, and granting the plaintiffs' motion for preliminary injunction requiring the U.S. Department of Treasury, the U.S. Internal Revenue Service, and the United States of America ("Defendants") to stop withholding CARES Act stimulus funds from plaintiffs or any class member on the sole basis of their incarcerated status.

A Treasury Department Inspector General report confirms that, as of early May 2020, the IRS had determined that at least 80,000 incarcerated people were eligible for payments of over $100 million. The Judge's order will thus result in desperately needed economic assistance of over $100 million to be delivered to members of the Class.

Congress passed the CARES Act to provide sorely needed economic assistance during the economic crisis triggered by the COVID-19 pandemic. Incarcerated persons, and their families on the outside, are among the most economically disadvantaged people in the country. Indeed, according to one study, people who are incarcerated had a median income of only $19,185 before their incarceration, compared to $41,250 for non-incarcerated people. Low-income families are disproportionately more likely to have a relative behind bars. The same is true for Black, Latino and Native families.

The Treasury, however, has refused to issue stimulus payments authorized by Congress to eligible incarcerated persons, thereby further exacerbating the economic disadvantages they and their families suffer.

The lawsuit alleges that over 1.4 million incarcerated people have been affected by Defendants' actions. Many rely on financial assistance from their friends or families on the outside, people who are already suffering in the current economic crisis.

The plaintiffs are Colin Scholl and Lisa Strawn. The Lieff Cabraser legal team representing them and the proposed class are Kelly M. Dermody, Yaman Salahi, and Jalle H. Dafa, joined by Eva Jefferson Paterson, Mona Tawatao, Lisa Holder, and Christina Alvernaz of the Equal Justice Society. Kelly Dermody and Eva Paterson have been appointed Co-Lead Class Counsel.

The defendants are the Treasury Secretary Steven Mnuchin, the United States Commissioner of Internal Revenue Charles Rettig, the U.S. Department of the Treasury, the U.S. Internal Revenue Service, and the United States of America.

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Congressman Biggs Leads Letter to President Trump about Potential Phase Four Package
Source: U.S. Representative Andy Biggs (R-AZ, 5th)
April 3, 2020
Our nation is facing an unprecedented public health emergency, and President Trump has shown extraordinary leadership during this difficult time. I have enormous sympathy for all Americans who are ill, as well to those who are out of work. However, even in the midst of this terrible crisis, we must continue be good stewards of our nation’s finances, challenging though that responsibility is during periods like this.
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BRINDISI & FITZPATRICK INTRODUCE BILL TO ENSURE COMPREHENSIVE PREPAREDNESS FOR FUTURE NATURAL EMERGENCIES
Source: U.S. Representative Anthony Brindisi (D-NY, 22nd)
April 3, 2020
“Saving lives and keeping Americans safe is my top priority,” said Brindisi. “Unfortunately, we are already seeing breaks in our supply chain of critical supplies like PPE and other essential equipment to keep our frontline workers safe. We must learn from this crisis and in the future, we need to strengthen our supply chain and not be over-reliant on adversaries like China to help us in our time of need. The bipartisan Made In America Emergency Preparedness Act will make our country better prepared for national emergencies and in times of war, strengthen our manufacturing sector, and create good-paying jobs along the way. While we respond to this pandemic, we need to also be working together to make sure it doesn’t happen again.”
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CASTRO STATEMENT ON TRUMP FIRING INTELLIGENCE COMMUNITY INSPECTOR GENERAL
Source: U.S Representative Joaquin Castro (D-TX, 20th)
April 3, 2020
“In the middle of the night, in the midst of a global pandemic, as the coronavirus threatens the American people, President Trump is executing retribution against a civil servant who informed the American people of a whistleblower complaint that led to his impeachment for abuse of power.”
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PELL’S RELEASE TRIGGERS BACKLASH
Source: Catholic League for Religious and Civil Rights
April 3, 2020
Most people are normal and desire justice. Abnormal people prize revenge. A case in point is the reaction to the release of Cardinal George Pell from an Australian prison. Normal people are happy with the news, but there are always the abnormal ones.
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Victory for Arizona Girls and Women!
Source: Center for Arizona Policy
April 3, 2020
31 courageous state representatives stood strong for Arizona girls and women and passed HB2706, ensuring only biological females compete in female sports.
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Casey, Senate Democrats Unveil COVID-19 “Heroes Fund” Proposal To Provide $25,000 Pay Increase To Essential Workers On Frontline Of Nation’s Pandemic Response
Source: Senator Robert P.Casey, Jr. (D-PA)
April 7, 2020
“We are in a war against COVID-19, and we owe our gratitude to all of the workers who are putting their own health and safety at risk by fighting on the front lines of this pandemic,” said Senator Bob Casey. “And just like wartime, we must recognize and reward those who are on the front lines—health care professionals, first responders, personal care and home health workers, truck drivers, grocery store workers and other unsung heroes—for their selfless efforts to do the critical work of protecting our citizens and keeping our country running so millions of Americans can stay safe at home. The Heroes Fund would provide essential workers with increased compensation and incentivize others to join the fight against COVID-19.”
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Chu, Hirono, Harris, Grijalva, Correa Introduce Legislation to Provide Critical Assistance to Vulnerable Communities Impacted by COVID-19 Pandemic
Source: U.S Representative Judy Chu (D-CA, 27th)
April 3, 2020
The Coronavirus Immigrant Families Protection Act would, among other provisions, help ensure that all communities are able to access COVID-19 testing and treatment, and other relief services provided in coronavirus relief legislation. It would provide dedicated funding for the Centers for Disease Control and Prevention to conduct public outreach in multiple languages to hard-to-reach populations to ensure that vulnerable communities have access to COVID-19 relief measures and critical public health information.
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FCC’s 5G Fund Draft Presents False Choice in Path to Bring Critical Mobile Broadband Services to Areas Still In Need
Source: Competitive Carriers Association
April 3, 2020
In a statement, CCA President & CEO Steven K. Berry said, “I appreciate the Commission’s focus on ensuring every American has access to robust mobile broadband services and for a dedicated $9 billion for mobile service in rural America; however, I am extremely discouraged by the two options the Commission has proposed. The draft proposal sets up a false choice between, on the one hand, updating the FCC’s maps in line with the recently-enacted Broadband DATA Act but delaying funding for several years, and, on the other hand, moving forward using the flawed coverage data, simply for the sake of moving forward quickly. But these are plainly not the only options, nor the best options; there is no reason why the FCC cannot follow the law that Congress mandated and distribute needed funding in a timely manner, with accurate data. We should not be limiting ourselves to two inadequate options, but rather looking for real solutions to deploy mobile broadband as quickly as possible.”
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Cotton, Hawley, Curtis, Gallagher Introduce Li Wenliang Global Public Health Accountability Act
Source: Senator Tom Cotton (R-AR)
April 3, 2020
“Dr. Li tried to warn his country and the world about the Wuhan coronavirus, but he was silenced by the Chinese Communist Party. By hiding the truth about the virus, the CCP turned a regional health problem into a global catastrophe. In honor of Dr. Li, our bill seeks to punish foreign officials responsible for suppressing information about international health crises, including the Wuhan virus,” said Cotton.
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Disability Law Center’s Efforts to Advocate for Utahns with Disabilities During COVID-19
Pandemic
Source: Bazelon Center for Mental Health Law
April 6, 2020
The Disability Law Center (DLC) has taken several steps this week to advocate for Utahns with disabilities amid the COVID-19 pandemic. First, the DLC filed a complaint with the Department of Health and Human Services Office for Civil Rights (OCR) regarding the State’s Crisis Standards of Care on behalf of the agency and an individual who could be impacted, Jacob Hansen, an individual with cerebral palsy and cystic fibrosis. The guidelines’ Patient Prioritization Tool and Adult Triage Guidelines explicitly and implicitly deprioritize people with disabilities for care in violation of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act (Section 504), and Section 1557 of the Affordable Care Act (ACA).
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Beatty’s Votes on Coronavirus Response Bills Help Bring $62 Million+ Back to Central Ohio
Source: U.S. Representative Joyce Beatty (D-OH, 3rd)
April 6, 2020
“As the Representative of Ohio’s Third Congressional District, I am fighting hard to secure the much-needed federal resources to ensure that hardworking Ohioans, families, and small businesses come first during this public health crisis. I was proud to support all three comprehensive COVID-19 response bills, but I am even prouder of the many people in Central Ohio who are working tirelessly on the front lines in the ongoing battle against the virus. The $62 million in federal funds will help my constituents as well as the courageous professionals and dedicated individuals who are saving lives and keeping our country and economy moving forward.”
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Some truths need to be spoken...
Source: Caesar Rodney Institute
April 6, 2020
To their credit, the hospitals have responded appropriately to a perceived crisis and redeployed resources. My guess is that this will be seen as heroic in the short term and over reaction in the long term. History will be the judge.
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Cantwell, Colleagues Call for Veterans, SSI Beneficiaries to Receive Stimulus Checks Automatically Without Having to File Tax Return
Source: U.S Representative Senator Maria Cantwell - (D - WA)
April 6, 2020
U.S. Senator Maria Cantwell (D-WA), joined Senators Sherrod Brown (D-OH), Maggie Hassan (D-NH), and 40 of their Democratic colleagues in calling on the Trump Administration to issue the direct cash assistance included in the Coronavirus Aid, Relief, and Economic Security (CARES) Act automatically to individuals who receive benefits through the Department of Veterans Affairs or the Supplemental Security Income (SSI) program. In their letter, the senators point out that the federal government has the data necessary to deliver the stimulus checks automatically, and that many individuals in these groups do not file tax returns.
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Cárdenas, Lofgren Urge Trump Administration to Allow Foreign-Born Physicians to Practice in the U.S. During COVID-19 Pandemic
Source: U.S Representative Troy Cardenas (D-CA, 29th)
April 6, 2020
“Today, the United States has the most confirmed cases of COVID-19 in the world. For weeks, state, local, and federal officials have focused their efforts on addressing the extreme shortage of medical supplies, including personal protective equipment (PPE) and ventilators, that has hindered our response to this national emergency,” the Members wrote. “Long-before this pandemic emerged, the United States was already experiencing a shortage of medical workers. As the number of COVID-19 cases continues to increase, so does the risk to U.S. doctors, nurses, and other critical care workers. As this crisis will undoubtedly continue to take its toll on these professionals, we must do everything in our power to build and retain a robust workforce.”
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Carter Introduces Legislation to Prevent Scams During the COVID-19 Pandemic
Source: U.S Representative Buddy Carter (R-GA, 1st)
April 6, 2020
The COVID-19 pandemic has resulted in numerous scams across the country. The Federal Trade Commission (FTC) and the U.S. Food and Drug Administration (FDA) have been working together to stop fraud, including companies making false claims about COVID-19 treatments and prevention or scammers securing financial information when offering fraudulent COVID-19 assistance.
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REPRESENTATIVE RICK CRAWFORD ANNOUNCES FARM CORPS INITIATIVE PAIRING ARKANSAS AG-PRODUCERS AND UNEMPLOYED GUARD, RESERVISTS
Source: U.S Representative Rick Crawford (R-AR, 1st)
April 6, 2020
“Food Security is national security, and no two groups understand that better than the farmers who produce our food, and the military members who secure our nation. In this challenging environment brought on by the COVID-19 pandemic, farmers across Arkansas are dealing with a labor shortage, while National Guard and Reserve soldiers, sailors, airmen and marines, as well as veterans in general are struggling with job loss,” said Crawford. “I’m proud to support FARM Corps in their broad efforts to bring farmers and veterans together with the common mission of securing American agriculture.”
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Rep Bass Urges Continued Support to Africa Against Violent Extremist Threats Amid COVID-19 Pandemic
Source: U.S. Representative Karen Bass (D-CA, 37th)
April 7, 2020
"There have been a series of deadly assaults across the Sahel. Since the beginning of this outbreak, extremists have attacked Chad’s military, killing soldiers near the border of Nigeria and Niger; Nigerian soldiers have been killed in northeastern Nigeria; and this week, numerous Malian soldiers were killed in an attack on their military base. I condemn this violence and any other attempt to exploit the COVID-19 pandemic. I urge the administration and international community to continue to support African governments in a comprehensive manner as they combat the increased violence in the region. This especially includes addressing the root causes of violence."
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Rep. Ted Budd Leads Resolution to Honor Health Care Workers and First Responders
Source: U.S. Representative Ted Bud (R-NC, 13th)
April 7, 2020
“Our health care workers and first responders are going above and beyond the call of duty to fight the Coronavirus. It’s essential that we recognize their sacrifice and willingness to put their lives on the line to help save the lives of others. These individuals embody what it means to be true American heroes. Because of their sacrifice, countless lives will be saved and our country will unite and emerge stronger after we defeat this pandemic.”
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Burchett announces legislation to hold airlines accountable for taxpayer-funded relief
Source: U.S. Representative Tim Burchett (R-TN, 2nd)
April 7, 2020
As of last week, passenger airline traffic has fallen 90% compared to a year ago. The CARES Act included significant financial relief for the airline industry to address the economic damage caused by the COVID-19 pandemic. Airlines in the United States will receive grants and loans designed to keep their businesses afloat and pay the salaries of their employees in order to make it out of the current crisis with their workforce intact. Rep. Burchett wants to ensure this money makes it to the operations of the airline companies that need it most.
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CARTER CALLS FOR MORE SMALL BUSINESS FUNDING
Source: U.S Representative John Carter (R-TX, 31st)
April 7, 2020
“Over the last week, my office and I have spoken to over 700 small business owners about the Paycheck Protection Program, and it’s increasingly obvious the program will need additional funding to continue helping as many small businesses as possible through this hard time. As a member of the Appropriations Committee, I wholeheartedly support efforts to increase funding for PPP loans, and I call on my colleagues to avoid partisan games or unnecessary delays in getting this funding into the hands of business owners. Small businesses are truly the backbone of our economy, and I’m committed to doing whatever is necessary to help them survive.”
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Trump Administration Reverses Course And Allows Social Security Beneficiaries To Receive COVID-19 Direct Cash Assistance Without Filing Tax Returns

by Senator Tom Udall (D-NM)

Washington, D.C. - April 2, 2020 - (The Ponder News) -- Following calls from U.S. Senators Tom Udall (D-N.M.) and Martin Heinrich (D-N.M.), the U.S. Treasury Department announced that Social Security recipients will automatically receive direct cash assistance included in the Coronavirus Aid, Relief, and Economic Security (CARES) Act without having to file tax returns.

On Wednesday, Senators Udall and Heinrich, along with a group of 41 colleagues, sent a letter to Treasury Secretary Steven Mnuchin expressing alarm over guidance that the Internal Revenue Service (IRS) issued earlier this week that said that Social Security beneficiaries would need to file tax returns in order to receive direct cash payments. This directly contradicted Congressional intent in drafting the CARES Act, which had made clear that the Treasury Department had the authority to send automatic direct cash assistance to Social Security beneficiaries regardless of whether they file taxes.

“Now is the time for the federal government to do all it can to assist Americans financially, especially Americans most in need,” said Udall. “I’m relieved the Trump administration reversed course on requiring Social Security recipients to file tax returns in order for them to receive their direct assistance benefit, after we pushed them to do so. Many Social Security recipients are retired and living on fixed incomes or are disabled, and do not file tax returns because they’re not required to. Congress wrote the law with these people in mind -- and specifically intended that these individuals receive their direct payment without having to file a return. I’m glad the Treasury Department is following the law so these Social Security recipients are assured they will receive their check promptly.”

“The seniors and people with disabilities who receive Social Security benefits are particularly vulnerable during this time. Congress made it explicitly clear in drafting the CARES Act that Social Security beneficiaries did not need to take any additional actions in order to receive their direct payments,” said Heinrich. “While I am pleased that Secretary Mnuchin realized the need to reverse course, it should not require this much political pressure to do the right thing. I will continue to hold the Trump Administration accountable every step of the way in implementing all of the emergency measures Congress passed as rapidly and effectively as possible so our health providers and the families who need help get it without delay."