The U.S. Court of Appeals for the 4th Circuit on Tuesday upheld a lower court’s ruling that threw out a challenge to Montgomery County’s program of providing coronavirus relief funds to undocumented immigrants.

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       In April, the county council at the request of County Executive Marc Elrich (D) passed the Emergency Assistance Relief Payment program, which provides direct financial assistance for low-income households facing economic hardship during the coronavirus pandemic who did not qualify for state and federal aid — including undocumented residents. The council appropriated $10 million from the county’s reserve funds to the operating budget of the county Department of Health and Human Services to fund the program.

       Two Montgomery residents, Sharon Bauer and Richard Jurgena, sued the county in May, arguing the program violated federal law because state lawmakers have not explicitly granted permission to provide local benefits to undocumented immigrants. Bauer and Jurgena were represented by Judicial Watch, a conservative legal group.

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       The lawsuit, which named Elrich and Raymond Crowel, director of the county’s Department of Health and Human Services, requested an injunction to prevent the county from distributing funding.

       But a Maryland judge ruled in June that the county could continue providing assistance because the residents did not have the right to challenge the county’s compliance with federal law as private citizens. Judicial Watch then appealed the decision.

       On Tuesday, the appeals court agreed with the lower court, ruling 2 to 1 that the plaintiffs’ claim could not be made in their capacity as private citizens.

       “This decision tramples on the rights of Maryland taxpayers and we are considering further action,” Judicial Watch President Tom Fitton said in a written statement.

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       Elrich said he was grateful for the decision and for the organizations and states that stood with the county.

       “We designed our Emergency Assistance Relief Payment program to provide a desperately needed lifeline for the County’s most vulnerable residents, hit hardest by the pandemic,” he said in a written statement. “This was the right thing to do. It is not our way to turn our back on people in need.”