ACLU-NJ Challenges State Policy Denying Legal Residents Health Care

February 3, 2015

NEWARK - The New Jersey Supreme Court today heard oral arguments in Guaman v. Velez, an immigrant rights case in which the American Civil Liberties Union of New Jersey submitted an amicus brief (PDF) challenging the state’s discriminatory cuts to a state health insurance program for low-wage workers.

The lawsuit challenges the state policy that denied participation in the state’s FamilyCare program to immigrants who have been lawful permanent residents less than five years. New Jersey FamilyCare is a state-funded Medicaid program that provides subsidized health insurance to qualifying low-income adults and children. At least 12,000 working residents, who would be otherwise eligible for the program, are affected by these cuts.

The ACLU-NJ’s brief argues that New Jersey violated the constitutional guarantees of equal protection under the laws. The state Appellate Court ruled in August 2013 that the state was permitted to exclude the lawful permanent residents because it linked it’s policy to a “uniform federal standard” governing all Medicaid funding.

The following statement about the case and the oral arguments may be attributed to Edward Barocas, legal director of the ACLU of NJ:

“The imposition of a residency requirement on otherwise-eligible lawful permanent residents — requirements not placed on citizens — violates both the federal and state constitutional guarantee to equal protection.
“The issue is all the more important because of the health care consequences to thousands of working residents. The State's decision to deny benefits can result in more high-cost emergency room visits, a lack of preventative care, and seriously ill individuals who delay seeking treatment.”

Acting Dean of Rutgers Law School – Newark Ronald Chen argued the case on behalf of the ACLU-NJ.

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Category: Immigrant Rights

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