The opinion of the court was delivered by: ZAGEL
Gwendolyn Hicks, on behalf of herself and other similarly situated plaintiffs, seeks a permanent injunction against the enforcement of Illinois Public Aid Code's multi-tiered durational residency requirement ("the Illinois durational residency requirement"). 305 ILCS 5/11-30.
Hicks says that this state legislation violates her constitutional right to travel or migrate from Alabama to Illinois, that the law is not based on any compelling or rational state interest, and that it is prohibited by the Privileges and Immunities Clause of Article IV.
Hicks has applied for welfare benefits in Illinois and has received welfare benefits in Alabama within the last twelve months. Hicks received less money in Alabama than she would receive if she were an Illinois resident for more than twelve months. Illinois has capped the amount of benefits that new residents like Hicks may receive. Under the Illinois durational residency requirement, people in Hicks's position may receive no amount greater than that which they had been paid under their prior state's comparable aid program. The five-year-old Illinois law imposing this multi-tiered durational residency requirement applies only to those new residents who have received aid from their former state within twelve months prior to moving to Illinois. In 1996, Congress passed the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ("PRWORA"),
expressly authorizing states to implement such residency requirements.
Standard for Permanent Injunction
The standard for a permanent injunction is essentially the same as for a preliminary injunction except that in seeking a permanent injunction, Hicks must prove actual success on the merits rather than likelihood of success on the merits. Hope Clinic v. Ryan, 995 F. Supp. 847, 853 (N.D. Ill. 1998). The other elements Hicks must show are lack of an adequate remedy at law or threat of irreparable harm, that the injury to her if I uphold Illinois's durational residency requirement outweighs the harm to Illinois if I strike it down, and whether public interest will be served if I grant the injunction. Plummer v. American Institute of Certified Public Accountants, 97 F.3d 220, 229 (7th Cir. 1996). A permanent injunction is a final judgment. Id.
Prior Challenges in Other Jurisdictions
With the passage of the PRWORA, welfare recipients have begun anew to challenge the constitutionality of state implementation of residency requirements for payment distribution. Other courts have addressed the constitutionality of other states' welfare residency requirements since Congress passed PRWORA and they have primarily struck down durational residency requirements applying either strict scrutiny or rational basis review. I discuss the most relevant below:
The court in Maldonado v. Houstoun, 177 F.R.D. 311, 329-30 (E.D. Pa. 1997), struck down a state statute that capped welfare benefits at a recipient's former state's levels. The district court applied its interpretation of right-to-travel jurisprudence and held that the plaintiffs could not show that the primary objective of Pennsylvania's residency requirement was to deter migration, that the statute actually deterred such travel, or that it used a classification that penalized the right to travel. Because plaintiffs proved none of these three elements, the court applied rational basis review to the Pennsylvania statute and found that it was not rationally related to its only legitimate governmental purpose of encouraging self-reliance over reliance on welfare. Id. at 332-33. Citing Shapiro, the court reasoned that the residency requirement "failed miserably" at promoting self-sufficiency. Id. at 332. To be rationally related the court reasoned that "logic would also require a similar waiting period for long term residents" and a standard amount that all out of state and non-American citizens ought to receive. Id.
In Westenfelder v. Ferguson, 998 F. Supp. 146 (D.R.I. 1998), a Rhode Island district court struck down a state law requiring a blanket thirty percent reduction for all residents until they lived in Rhode Island for twelve months. The court found that the law constituted a penalty, and therefore triggered strict scrutiny, because it "denied the plaintiffs' benefits needed to ensure their ability to procure basic necessities of life." Id. at *6. It also held that the only relevant comparison was newly arrived residents to long-time residents, and that reduction versus complete denial (as in Shapiro) did not create a material difference. The district court went on to find that Rhode Island failed to demonstrate how a durational residency requirement was narrowly tailored to ending dependence on welfare, nor would it likely pass even rational basis review.
In Roe v. Anderson, 134 F.3d 1400 (9th Cir. 1998), the Ninth Circuit affirmed a lower court ruling preliminarily enjoining the enforcement of a California statute capping new residents' welfare payments at their former levels. The court held that passage of the PRWORA did not affect the constitutional analysis of the California statute because, citing Shapiro, 394 U.S. 618 at 641 89 S. Ct. 1322, 22 L. Ed. 2d 600, Congress cannot authorize the states to violate the Equal Protection Clause. Roe 134 F.3d at 1404. The court noted that any deprivation of welfare payments posed the threat of irreparable harm and that the relevant comparison, in an equal protection analysis, is between old and new California residents, not California residents and residents of other states. Id. (citing Attorney General of New York v. Soto-Lopez, 476 U.S. 898, 904, 90 L. Ed. 2d 899, 106 S. Ct. 2317 (1986)). Roe also affirmed that the Ninth Circuit was adhering to the reasoning of the district court in Green v. Anderson, 811 F. Supp. 516 (E.D. Cal. 1993), aff'd, 26 F.3d 95 (9th Cir. 1994), vacated as unripe sub nom, Anderson v. Green, 513 U.S. 557, 130 L. Ed. 2d 1050, 115 S. Ct. 1059 (1995). The Green court reasoned that California's durational residency requirement placed a penalty on a new resident's right to migrate because it produced substantial disparities in benefit levels, made no accommodation for different states' costs of living, and did not pass strict scrutiny because the state's interest in reducing welfare costs was not sufficient to justify the disparate treatment of new, needy residents. Green, 811 F. Supp. at 516.
Hicks argues that Illinois's residency requirement penalizes her constitutionally guaranteed right to travel by denying her a basic necessity of life and therefore triggers strict scrutiny under Shapiro, 394 U.S. at 634, and its progeny. Illinois argues that the passage of PRWORA changes the analysis from that in Shapiro and invokes the Spending Clause in Article I, Section 8 of the Constitution. Illinois says that because Congress has expressly allowed the states to impose a durational waiting period for benefits, and because the waiting period provides for the general welfare, no further analysis is needed. Illinois says this is so because the power to spend is only limited in that the spending must provide for the general welfare. This is constitutionally incorrect. It is well established that Congress may not abrogate constitutional rights by authorizing expenditures. Shapiro, 394 U.S. at 638-39, 641; see also Laurence H. Tribe, American Constitutional Law, § 5-10 at p. 323 (2d ed. 1988).
Illinois's durational residency requirement distributes benefits unequally and therefore is subject to scrutiny under the Equal Protection Clause of the Fourteenth Amendment. Zobel v. Williams, 457 U.S. 55, 60, 72 L. Ed. 2d 672, 102 S. Ct. 2309 (1982). Hicks argues that the statute must pass the strict scrutiny delineated in Shapiro, 394 U.S. at 634-35 while Illinois says (albeit implicitly) that it need be merely rationally related to a legitimate state purpose. As in Zobel, 457 U.S. at 60-61, I do not reach whether the Illinois statute imposes a penalty on the right to travel because I find that it fails rational basis review as that opinion applies it.
Illinois says that its statute is intended to affect Congress's mandate under the PRWORA, that is to promote employment and to end welfare dependence. These goals are legitimate, but a one-year waiting period is not rationally related to these objectives unless it requires a similar waiting period for its long-term residents.
See Shapiro, 394 U.S. at 637 (holding that the suggestion "that the one-year waiting period is justified as a means of encouraging new residents to join the labor force promptly...would also require a similar waiting period for long term residents of [a] state"); Maldonado, 177 F.R.D. at 332-33 (providing a detailed analysis of why a durational residency applied only to new residents "fails miserably" to relate rationally to promoting self-sufficiency).
Illinois's tailoring of the law to new residents who have received welfare within the last month does not save the statute. This provision seems to attempt to track those interstate migrants who move to Illinois in search of higher benefits, but is irrelevant to the above criticism. In other words, under Shapiro, to encourage self-sufficiency and discourage welfare dependence a broader categorization including long-term, in-state residents is needed. The Illinois statute merely narrows the out-of-state group affected, but does not broaden the limitation to include in-state residents as Shapiro requires.
Because the Illinois durational residency requirement's only stated purpose is to encourage self-sufficiency and end welfare dependency, and because it does not distinguish between in-state and out-of-state residents, I find that it fails rational basis review and violates the Equal Protection Clause of the Fourteenth Amendment.
Thus Hicks has ...