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[Previous entry: "Democratic Statement of Principles on Immigration Policy"] [Main Index] [Next entry: "The Immigration Reform Act of 2004 (S. 2010)"] 02/02/2004 Entry: "Court Remands Case for Preliminary Injunction to Halt Termination of Medicaid Benefits for Permanent Residents" The Tenth Circuit in Soskin v. Reinertson, (10th Cir. January 12, 2004), Remanded a Case for Preliminary Injunction to Halt Termination of Medicaid Benefits for Lawful Permanent Residents. Plaintiffs, a class of legal aliens who will lose their Medicaid benefits when Colorado Senate Bill 03-176 (SB 03-176) takes effect, filed a class action contending that the eligibility requirements of the bill violate the Equal Protection Clause of the Fourteenth Amendment, and that the state's procedures for terminating benefits violate medicaid law and the Due Process Clause of the Fourteenth Amendment. The district court denied Plaintiffs' motion for a preliminary injunction to enjoin termination of benefits under the bill. The Tenth Circuit, however, granted a temporary injunction pending appeal. The Tenth Circuit rejected all but one of Plaintiffs' contentions and lifted the temporary injunction. The Court agreed with Plaintiffs that the state's procedures violate the Medicaid Act by denying some members of the class a right to a hearing to contest the termination of benefits. Thus, as to that claim, the Court reversed the district court's denial of an injunction and remanded the case to the district court for entry of a preliminary injunction prohibiting the termination of benefits to any member of the class for failure to return redetermination forms unless the member was provided notice of the right to request a pre-termination hearing.
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