Lewis v. Grinker

No. 00-6104 (2d. Cir. July 27,2001) ; Clearinghouse Number: 42159

Description

Second Circuit Reverses Order Requiring HHS to Provide Medicaid Coverage for Prenatal Care to Illegal Aliens

Abstract

Reversing the district court’s order requiring the U.S. Department of Health and Human Services (HHS) to provide Medicaid coverage for prenatal care to illegal aliens, the Second Circuit held that provisions of the Personal Responsibility and Work Opportunity Act of 1996 prohibiting most female illegal aliens from receiving Medicaid-sponsored prenatal care were not unconstitutional. Plaintiffs brought this action in 1979 to challenge the denial of Medicaid benefits to undocumented aliens not permanently residing in the United States under color of law. In 1991 the district court permanently enjoined defendant HHS secretary from denying prenatal care to unqualified aliens. After enactment of the 1996 welfare law, defendant asked the district court to reconsider its injunction. Refusing, the district court held that the denial of Medicaid-sponsored prenatal care to unqualified aliens was an unconstitutional violation of plaintiffs’ equal protection rights under the Fifth Amendment. The court of appeals however, held that deterrence of illegal immigration as the rationale for the denial of prenatal care to unqualified aliens sufficed for rational basis review. Although the record disclosed no evidence that prospective illegal immigrants considered the unavailability of prenatal care in deliberating whether to enter the country illegally, the court found it reasonable for Congress to suppose that the denial of care would deter some of them. The court affirmed, however, the district court’s order entitling citizen children of alien mothers to automatic eligibility—equivalent to that for the citizen children of citizen mothers—for Medicaid benefits for a year after birth.

Additional Information

Attorney Information
Docket Date
2001-07-27 00:00:00+00:00

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