From Peter Wagner <[email protected]>
Subject Important updates: Court says IRS can’t deny economic stimulus payments to incarcerated people
Date October 8, 2020 6:26 PM
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Prison Policy Initiative updates for October 8, 2020 Showing how mass incarceration harms communities and our national welfare

Update: Court says IRS can’t deny economic stimulus payments to incarcerated people [[link removed]]

by Stephen Raher

As we noted back in May [[link removed]], when most Americans were getting one-time $1200 stimulus payments from the IRS, the government was quietly trying to deny making payments to incarcerated people, even though there is no such restriction in the law that created this program. Plenty of people noticed the government’s lack of a solid basis for denying the payments, and at least two lawsuits over the issue are pending in federal courts.

On September 24, 2020, a judge in California issued a ruling [[link removed]] requiring the IRS to process stimulus payments for incarcerated people. This isn’t quite the end of the story. The judge’s ruling could be stayed or reversed on appeal, or Congress could amend the law to prohibit payments to incarcerated people.1 But for the time being, IRS is accepting mailed applications from incarcerated people through October 30 [[link removed]] (extended recently from October 15 because of a court ruling [[link removed]]), and online applications through November 21.

While the Prison Policy Initiative cannot provide legal advice, a basic explainer (with instructions for internet or paper filing) is available from the Uptown People’s Law Center [[link removed]]. People may also want to contact the law firm that brought the California litigation [[link removed]].

We’re also aware that these other organizations are working on helping people apply for their stimulus checks:

Abolition Apostles [[link removed]] and Prison Abolition Prisoner Support [[link removed]] are mailing packets to incarcerated people, and have asked for remote volunteer help. Spread the Vote in Michigan is holding a virtual event [[link removed]] tomorrow, October 9 about helping people in prison get stimulus checks.

Footnotes

The Senate proposal for additional economic stimulus ( S. 4318 [[link removed]]) does contain language that would prohibit stimulus payments to people who are incarcerated for every day during calendar year 2020. The newly-announced House proposal [[link removed]] does not contain such a restriction. Neither bill has yet to receive a floor vote.

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Our work is made possible by private donations. Can you help us keep going? We can accept tax-deductible gifts online [[link removed]] or via paper checks sent to PO Box 127 Northampton MA 01061. Thank you!

Other news: Journalists are using our new report to explain the barriers to jail voting [[link removed]]

Our new report Eligible, but Excluded [[link removed]] is fueling reporting on voting from jail in the Associated Press [[link removed]] (which published a national story), NPR, [[link removed]] and the Detroit Free Press [[link removed]].

If you missed it last week, read the new report here. [[link removed]]

Please support our work [[link removed]]

Our work is made possible by private donations. Can you help us keep going? We can accept tax-deductible gifts online [[link removed]] or via paper checks sent to PO Box 127 Northampton MA 01061. Thank you!

Our other newsletters Ending prison gerrymandering ( archives [[link removed]]) Criminal justice research library ( archives) [[link removed]]

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