The Boston Globe reported that the Supreme Judicial Court (SJC) in Massachusetts has ruled in favor of legal immigrants who sued the Commonwealth because they were excluded from state health care coverage.
The SJC's opinion in the case of Finch v. Commonwealth Health Insurance Connector Authority stated that the current law "violates [immigrants] rights to equal protection under the Massachusetts Constitution."
Commonwealth Care is the Massachusetts state program that provides health care coverage and assistance to low-income residents. The Connector Authority administers this program by allowing enrollees to pay a portion of the premium for health insurance while the Connector pays for the remainder. The Commonwealth Care program, enacted in 2006, covered eligible residents - including noncitizen, qualified aliens - to enroll for coverage.
In response to the state's fiscal problems, the state legislature amended the law in 2009 to exclude legal immigrants who have lived in the United States for less than five years - a move the Commonwealth argued was in line with federal law. However, legislative history reflected that the statute's actual purpose was exclusively fiscal concerns with no reference to national immigration policy.
The SJC concluded that "We recognize that our decision will impose a significant financial burden on the Commonwealth...If the plaintiffs' right to equal protection of the laws has been violated...then it is our duty to say so."
To read the case in its entirety, click here.
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.
