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E.M. v. DEPT. OF HEALTH AND HUMAN SERVICES

Nos. S-18-1146 through S-18-1148.

944 N.W.2d 252 (2020)

306 Neb. 1

E.M., appellant, v. NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES et al., appellees. Kevin Vasquez Perez, appellant, v. Nebraska Department of Health and Human Services et al., appellees. Walter Hernandez Marroquin, appellant, v. Nebraska Department of Health and Human Services et al., appellees.

Supreme Court of Nebraska.

Filed June 5, 2020.

Attorney(s) appearing for the Case

Allison Derr , Robert McEwen , and Sarah Helvey , of Nebraska Appleseed Center for Law in the Public Interest, and Mindy Rush-Chipman , for appellants.

Douglas J. Peterson , Attorney General, and Ryan C. Gilbride , Lincoln, for appellees.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg, JJ.

I. INTRODUCTION

A federal statute1 and its Nebraska counterpart2 make noncitizens, who are not "lawfully present,"3 ineligible for state public benefits unless the State "affirmatively provides"4 for eligibility...

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