Marroquin v. Health and Human Services
S-18-1146, 1147, 1148 E.M. v. Nebraska Department of Health and Human Services, et al./ Perez v. Nebraska Health and Human Services, et al./ Marroquin v. Nebraska Department of Health and Human Services, et al.
Lancaster County District Court, Judge Kevin R. McManaman
Attorneys: Allison Derr, Robert McEwen, Sarah Helvey (Nebraska Appleseed), Mindy Rush Chipman (Immigrant Legal Center) (counsel for consolidated Appellants) --- Douglas J. Peterson Ryan C. Gilbride (Office of the Attorney General, for Appellees)
Civil: Administrative Procedure Act; Extended foster care program; Bridge to Independence
Proceedings below: The trial court affirmed the Department’s denial of each of the consolidated Appellants’ applications for participation in the Bridge to Independence program.
Issues: Whether the trial court erred in 1) determining that citizenship or immigration status is relevant to eligibility for participation in Nebraska’s extended foster care program; 2) affirming the Department’s determination that the consolidated Appellant’s are not eligible to participate in the Bridge to Independence program because each Appellant is not a citizen or “qualified alien;” and 3) failing to strike down 395 Neb. Admin. Code 10-003.02 for violating the Separation of Powers Clause of the Nebraska Constitution, by adding a citizenship or immigration status requirement to eligibility for participation in the program, contrary to the Young Adult Bridge to Independence Act.