President Biden’s plan maintains eligibility for mixed-status households, which include family members with different citizenship or immigration statuses. A common example of a mixed-status family can be made up of undocumented parents and U.S.-born children.
Under the March 2020 CARES Act, if a U.S. citizen and a noncitizen spouse filed their taxes jointly, they would not be eligible to claim the first stimulus check. However, when the $900 billion COVID-19 relief package was signed into law in December 2020, joint filers with one undocumented spouse became eligible for the second stimulus check, as well as additional payments for child dependents.
This bipartisan compromise also extended eligibility retroactively for the first stimulus checks, allowing mixed-status families to claim $1,200 for joint tax filers and an additional $500 payment for each qualifying child.