Castro noted the House version of CARES does include a fix for this issue, but the final version passed by the Senate did not. The CARES Act includes an exception for couples in which one member served in the Armed Forces in the past year, even if one is a citizen and the other is not.
Castro laid out the Congressional Hispanic Caucus's stance on the issue, which is that all taxpayers regardless of immigration status should receive payments, since they pay into the system. Castro also highlighted the fact that so many ITIN holders are essential workers on the frontlines, like meatpacking plant workers, or those working in fields to ensure the supply chain of produce continues uninterrupted.
Some Congressional Democrats introduced a bill that would ensure all taxpayers, including non-citizen ITIN holders, would be eligible for the $1,200 payment. The Leave No Taxpayer Behind Act was introduced in early April by Congressman Lou Correa, who was joined by Congresswoman Judy Chu and Congressman Raúl Grijalva, but with the House out of session for most of April, the effort hasn't gone anywhere.
This piece has been updated to correct information about Anastasia Campos's husband and to clarify that she is not a plaintiff in the lawsuit filed by MALDEF.