Darces v. Woods

Opinion

REYNOSO, J.

May the state disadvantage citizen children eligible for governmental assistance on the basis that they live with their brothers *875and sisters who are undocumented aliens? We hold that the equal protection clause of the California Constitution does not permit that disparate treatment.

Bernadette Obando Darces is an undocumented alien and working mother whose income is insufficient to meet the subsistence needs of her six children, three of whom are native-born citizens. Her three older children— Marisol, Pablo and Carlos—are ineligible for assistance under the Aid to Families…