El Souri v. Department of Social Services

414 N.W.2d 679, 429 Mich. 203 (1987)

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El Souri v. Department of Social Services

Michigan Supreme Court
414 N.W.2d 679, 429 Mich. 203 (1987)

Facts

Under Department of Social Services (DSS) (defendant) policy, during the three years following an alien’s entry into the United States, the income and assets of the alien’s sponsor must be considered when determining the alien’s eligibility for Aid to Families with Dependent Children General Assistance (ADC/GA) benefits. A sponsor was an individual who signed an affidavit accepted by the Immigration and Naturalization Service (INS) agreeing to provide support for an alien as a condition for the alien’s permanent residence in the US. The sponsor’s assets were evaluated to determine whether some portion was considered available to the sponsored alien. Proof of actual contribution was not required. El Souri (plaintiff) was sponsored by Nassib Badawy, El Souri’s father-in-law, who completed the required INS affidavit of support. DSS determined that, due to the level of Badawy’s income, a portion must be deemed available to El Souri. Based on this determination, DSS denied El Souri’s application for general-assistance benefits, despite El Souri being unemployed and receiving no support from Badawy. El Souri appealed. A hearing referee concluded that the denial was appropriate. El Souri sued, arguing that DSS’s policy created a classification based on alienage in violation of the Fourteenth Amendment Equal Protection Clause.

Rule of Law

Issue

Holding and Reasoning (Griffin, J.)

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