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DOE v. REIVITZ

Nos. 86-2350, 86-2561.

830 F.2d 1441 (1987)

J. DOE, et al., Plaintiffs-Appellees, v. Linda REIVITZ and John F. Erickson, Defendants-Third-Party Plaintiffs-Appellants, v. Otis BOWEN and Kay Willmoth, Third-Party Defendants. J. DOE, et al., Plaintiffs-Appellees, v. Linda REIVITZ, individually and in her capacity as Secretary of the Wisconsin Department of Health and Social Services and John F. Erickson, individually and in his capacity as Director of the Bureau of Economic Assistance of the Wisconsin Department of Health and Social Services, and their Agents, Employees, Successors in office, Assistants and All Others Acting in Concert or Cooperation with them or at their control, Defendants-Third-Party Plaintiffs-Appellees, v. Otis BOWEN, Secretary of the U.S. Department of Health and Human Services and Kay Willmoth, Regional Administrator of U.S. Department of Health and Human Services, Office of Family Assistance, in Chicago, Illinois, Third-Party Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided September 28, 1987.

Attorney(s) appearing for the Case

Deborah R. Kant, Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., for defendants-third-party plaintiffs-appellants.

Patricia DeLessio, Legal Action of Wis. Inc., Milwaukee, Wis., for plaintiffs-appellees.

Before WOOD and CUDAHY, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

CUDAHY, Circuit Judge.

This case presents the question whether, consistent with the equal protection clause and the Social Security Act (the "SSA"), otherwise qualified citizen and alien children may be denied benefits under the Aid to Families with Dependent Children-Unemployed Parent ("AFDC-UP") program because their parents are illegal aliens. The district court struck down this restriction on both constitutional and statutory grounds. We affirm on the statutory...

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