Update: Court says IRS can’t deny economic stimulus payments to incarcerated people

by Stephen Raher

As we noted back in May, 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 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 (extended recently from October 15 because of a court ruling), 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. People may also want to contact the law firm that brought the California litigation.

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

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