Critics say the race-based eligibility criteria—which exclude whites—are illegal
The mayor of Oakland, California, on Tuesday announced a privately funded program that will give low-income families of color $500 per month in a trial program similar to the "universal basic income" idea that gained national attention when proposed by former presidential candidate Andrew Yang.
Under the 18-month long pilot that is to be up and running by summer, 600 families will receive $500 a month to spend as they choose, Oakland Mayor Libby Schaaf said in a statement.
In an apparent explanation for why white families were excluded from the program, Schaaf cited the Oakland Equity Index, which shows that white households in Oakland on average make about three times as much annually than black households.
Civil rights attorney Harmeet K. Dhillon, civil rights attorney and founder of the Center for American Liberty, appeared on Fox News' "The Ingraham Angle" to discuss the initiative.
"This is obviously immoral—making distinctions based on race for money and distributing money—but is it constitutional?" Laura Ingraham asked.
"It's illegal on multiple grounds," Dhillon replied. "The United States Supreme Court has long ruled that any race-based classifications are 'noxious,' is one word that's used, 'pernicious,' is another word that's used. And any such categorizations are subject to strict scrutiny when the government is imposing them."
Dhillon added that the California constitution contains specific provisions that make it illegal for benefits to be handed out on the basis of race.