Nebraska
‘Ecstatic’: Nebraska caregivers get some relief in the form of a tax credit
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Thirteen years ago, Nebraska nursing instructor Tara Spiehs Garst had to leave her job to take care of her son who was born with Trisomy 18, a genetic condition that causes multiple birth defects.
Three years later, she had a daughter who was born with the same condition. Since then, Spiehs Garst’s family has lived on a reduced income and pays thousands of dollars out of pocket for services and supplies, having to cut numerous corners. Spiehs Garst even went without a cell phone for a year, but the emotional impacts have been just as daunting.
“My people that I interact with are physicians, are therapists, my children’s medical providers, that’s who my social interaction is with because they’re my full time job,” Spiehs Garst said. “I can’t leave them to go and do other things. Somebody has to be there to take care of them.”
She is just one of 179,000 caregivers in Nebraska who face similar challenges, including emotional and financial burdens, every day.
These challenges sparked the Caregiver Tax Credit Act, sponsored by Nebraska State Sen. Eliot Bostar. The act would create a nonrefundable tax credit for caregivers that would cover about 50% of eligible expenditures used for the care of family members each year. The maximum credit is $2,000, and it is $3,000 for family members who served in the military or who have a dementia diagnosis.
This potential tax credit comes as federal and state governments are trying to solve the senior care crisis, in which the cost of care continues to skyrocket while more of the population ages. Today, there are over 53 million caregivers in the United States, as people have stepped in to care for family members who can’t afford rent at senior care centers or to pay at-home nurses.
“We’re relying more and more on caregivers and family members to provide that care because the healthcare system is bursting at the seams,” Associate State Director for Advocacy and Outreach with AARP Nebraska, Jina Ragland said. “We have a huge desert of accessibility to health services but also for having the workforce development enough to provide inside facilities.”
If passed, Nebraska would be the second state to establish a caregiver tax credit. Bostar’s bill is modeled after Oklahoma’s, which went into effect at the beginning of this year. Unlike Oklahoma’s legislation, Nebraska’s potential tax credit would not have an age requirement for eligible family members, recognizing that people of all ages receive care at home.
The non-refundable tax credit would be capped at $2.5 million, but Ragland points out that it would save the state money in the long run. According to the Nebraska AARP, family caregivers in the state provide over 168 million hours of unpaid care valued at approximately $2.8 billion every year.
“Family caregivers are the backbone of the U.S. care system, helping parents, spouses and other loved ones remain in their homes,” Bostar said during a floor debate last month. “LB 937 will help ensure Nebraskans in need or care can stay in their homes when their health is failing, eliminating the need for the much more costlier option and added emotional burden of being cared for in a taxpayer-funded nursing home.”
Although the tax credit has wide bipartisan support, it saw an unexpected roadblock during the first round of debate in late March when a handful of amendments, including a controversial dollar-for-dollar tax credit for donations to crisis pregnancy centers, were tacked on at the last minute. The credit was eventually advanced and passed with a unanimous vote on the second to last day of session. Nebraska Gov. Jim Pillen has until Wednesday to sign it into law.
“With the baby boomer generation retiring and getting older and all of our nursing homes seemingly closing right and left, we will have to address more creatively how we take care of these folks,” state Sen. Jana Hughes said during floor debate. “Encouraging them staying at home is a very, very good thing.”
More: Caregivers spend a whopping $7,200 out of pocket. New bill would provide tax relief.
‘The backbone’
Like caregivers across the country, Sarah Rasby of Nebraska had to make financial and emotional sacrifices to take care of her 35-year-old twin sister, Erin Lewis, who went into cardiac arrest and survived an anoxic brain injury, leaving her unable to walk, speak or move her body. Rasby spent hours a day caring for her sister for three and a half years before she passed away in 2022.
“There’s just really not a lot of time for the caregivers to care for themselves because they’re giving so much of their life to the other person,” Rasby said, noting may caregivers face social isolation. “The tax credit will help them identify as caregivers, but at the same time, those in the thick of it will start feeling some more value.”
Joyce Beck had made similar financial and emotional sacrifices to take care of her husband, Jerry. Beck’s husband suffered a heart attack while he had multiple sclerosis and had to have a quadruple bypass at the age of 52. He was later diagnosed with cancer, leading Beck to retire early from her position as a hospital CEO to care for him after it spread. Jerry eventually passed away about three years ago.
Beck is “ecstatic” the caregiver tax credit passed, saying it is an acknowledgment of the sacrifices caregivers make and will relieve some of the financial burdens they face.
“I’m proud that Nebraska is the second state in the United States to pass this because it shows the rest of the country that we are compassionate, we care about our people, and we want to take care of everyone,” Beck said.
Although she’s not a caregiver anymore, Beck knows the experience all too well. She wasn’t able to return to work after her husband passed and had to collect her pension and social security early on top of paying thousands of dollars out of pocket for medical bills. Despite the financial and emotional hardships, she was honored she got to spend the last few years of her husband’s life caring for him.
“It’s so hard to watch someone pass away by inches, it’s like almost a nightmare to watch,” Beck said. “It is truly just an honor to be able to take care of someone like that and to help them every step of the way. It’s the hardest thing you’ll ever do but it is the most rewarding thing you’ll ever do.”
Nebraska
In a first for Nebraska, federal judge awards attorney’s fees to immigrant who was detained without bond hearing
For the first time, a federal judge in Nebraska has awarded court costs and attorney’s fees to an immigrant who prevailed in a lawsuit challenging his detention without bond.
Senior U.S. District Court Judge John Gerrard, an appointee of former President Barack Obama, issued the ruling on Tuesday and awarded $1,535.23 to Edgar Eduardo Cadillo Salazar. Gerrard had previously ruled that Salazar’s detention at the Cass County Jail without bond was unconstitutional and ordered the government to provide him with a bond hearing or release him from custody.
Under the federal Equal Access to Justice Act, individuals and businesses that prevail in civil lawsuits against the federal government can file a motion to hold the government liable for attorney’s fees and court costs. Judges can order the government to cover those costs unless they find that the government’s position was “substantially justified,” or if “special circumstances make an award unjust.”
Before last summer, when the Department of Homeland Security revised its longstanding interpretation of statute, only immigrants who were encountered at the border or other ports of entry were subject to mandatory detention. Immigrants encountered after residing in the U.S. were typically subject to discretionary detention and eligible for a bond hearing.
The new interpretation has led to detention without bond for tens of thousands of immigrants who would have previously been eligible to bond out – and it’s led to an endless stream of wrongful detention lawsuits in Nebraska and around the country. A Reuters investigation found that federal courts have ruled against the mandatory detention policy more than 4,400 times.
In Gerrard’s order granting Salazar’s request for attorney’s fees, he said the government’s position that all undocumented immigrants are ineligible for bond hearings was not substantially justified.
“This ‘new understanding’ of a decades-old statute has resulted in the government detaining hundreds of thousands of nonviolent individuals, often without due process or other constitutional protections,” Gerrard wrote. “It has also sparked thousands of lawsuits where courts have ordered release of those wrongfully detained, for which neither immigration courts nor the Department of Justice have seemed prepared.”
He continued: “The government has not provided any justification, let alone a substantial one, for its radical departure from the historical treatment of noncitizens who entered the United States without inspection. Its arguments rely purely on statutory interpretation; the government apparently expects it can transform an entire area of administrative law because it unilaterally decided that, for thirty years, everyone was wrong about what a statute meant.”
Salazar was later denied bond by an immigration judge and remains in custody, according to his attorney, Alexander Smith.
Two similar motions were denied last month by U.S. District Court Judge Susan Bazis, an appointee of former President Joe Biden. In both cases, Bazis had ruled in favor of the detained immigrants, and they were later released on bond per her orders. But in her opinions denying attorney’s fees under the EAJA, she found that the government’s position on mandatory detention was “substantially justified.”
“The Court cannot say that the Federal Respondents’ pre-litigation decision to treat [the respondent] as being subject to mandatory detention, while not ultimately correct in this Court’s view, lacked a reasonable basis in law or fact,” Bazis wrote in a footnote of her opinions.
The issue of mandatory detention is currently under consideration by the 8th Circuit Court of Appeals, which covers Nebraska and other Midwest states. In oral arguments last month, the appellate court’s conservative judges appeared friendly to the mandatory detention policy.
Nebraska
‘Best we’ve played all year.’ Trent Perry scores 20 points as UCLA routs No. 9 Nebraska
The UCLA men’s basketball team made Senior Night one to savor Tuesday, dominating No. 9 Nebraska 72-52 at Pauley Pavilion for its 20th victory of the season and third over a top-10 ranked opponent.
The Bruins improved to 20-10 overall and 12-7 in the Big Ten with one regular season game remaining, Saturday at crosstown rival USC.
Trent Perry scored 20 points, Eric Dailey Jr. had 14 and three players — Tyler Bilodeau, Skyy Clark and Xavier Booker — each added eight points.
“Nebraska’s got a great team,” UCLA coach Mick Cronin said. “This is the best we’ve played all year — they brought out the best in us. We went from our worst defensive effort to our best. They outhustle everyone they play, but not us. Tonight we were great, but I love the way they play. If we had their attitude we’d have their record.”
Eric Freeny had four points, five rebounds and three steals in 18 minutes for UCLA, which got 26 points in the paint and 17 second-chance points.
“Effort is what it takes to win in March,” Freeny said. “It was our last home game. Coach keeps on pushing me to be better everyday.”
Sam Hoiberg had 12 points to lead Nebraska, but Pryce Sandfort, who began the game leading the conference in three-pointers made per game, was held to nine points.
“Sandford has been unbelievable so to hold him to nine points is amazing,” Cronin said. “Brandon Williams was the unsung hero.”
Williams had six points and three rebounds in 12 minutes off the bench.
The Bruins were in control from the opening tip-off and never trailed the Cornhuskers (25-5, 14-5). UCLA improved to 10-3 in all-time against Nebraska and the win greatly strengthened its resume for the NCAA tournament as the Bruins also beat then-No. 4 Purdue 69-67 on Jan. 20 and then-No. 10 Illinois 95-94 in overtime on Feb. 21 on Donovan Dent’s layup with one second left.
“We have to take attitude we came with tonight, bottle it up and take it on the road,” Dailey Jr. said. “We’ve got so much left. The season’s not over… we’re only as good as our last game. It’s all about how you respond. I love the fight that we played with tonight.”
This is the fifth time in Cronin’s seven seasons that the Bruins have won 20 or more games. They are 17-1 at home (their only loss in overtime to Indiana on Jan. 31).
“Since I’ve been here we don’t lose much at home.” Cronin said.
UCLA went ahead by 15 points, 37-22, on Perry’s three-pointer with 2:41 left and led 37-24 at intermission. The Bruins shot 50% from the field in the first half (15 for 30) while Nebraska was only 31% (nine for 29).
The Bruins increased their advantage to 18 points on Dailey’s dunk less than five minutes into the second half and the visitors got no closer than nine the rest of the way.
Prior to pregame introductions the Bruins honored seniors Bilodeau, Dent and Clark; fifth-year player Jamar Brown; redshirt seniors Steven Jamerson II, Jack Seidler and Anthony Peoples Jr; and redshirt junior Evan Manjikian. In a media timeout, midway through the first half, former coach Jim Harrick (who led UCLA to its 11th national championship in 1995) was honored and got a loud ovation.
“I’m happy for our seniors, I didn’t want them to lose their last game at Pauley,” said Perry, who reversed a subpar performance at Minnesota, where he was 0-for-7 from the field with one rebound and one assist in 26 minutes. “I had to come out here tonight and bounce back for my team. I play for something bigger than myself and I’m fortunate to have the type of guys I do around me.”
UCLA guard Skyy Clark looks to pass while under pressure from Nebraska guard Sam Hoiberg and forward Berke Buyuktuncel in the second half.
(William Liang / Associated Press)
Over the last four games, Dent has 46 assists and just two turnovers.
Bilodeau has scored in double figures in 26 of 28 games played, totaling 20 points or more nine times.
Dailey moved to within five points of reaching the 1,000-career point milestone.
UCLA has now made at least one three-pointer in 887 of 888 games dating to February 2000.
“We had one practice this week, that’s it,” Cronin said. “We watched film, had a heart-to-heart talk and a shoot around today but that’s it.”
Nebraska
4.1-magnitude earthquake hits south-central Nebraska
People across Nebraska and Kansas reported feeling an earthquake Sunday afternoon.
According to the U.S. Geological Survey, a quake measuring 4.1 on the Richter Scale struck around 1 p.m. about 3 miles east of the Webster County village of Cowles, which is in south-central Nebraska near the Kansas border.
A quake of that magnitude is considered “light” and not likely to cause damage.
But the USGS received dozens of reports from people who said they felt the quake, some as far away as Omaha and Manhattan, Kansas. Numerous people took to social media to report feeling the quake.
Two aftershocks of 2.6 magnitude later occurred near the original quake site, one about 90 minutes after the initial quake and one later Sunday night.
Earthquakes are relatively rare in Nebraska, but the state does usually record one or two minor ones per year. The last time Nebraska recorded a quake of a magnitude 4 or above was in December 2023, also in Webster County.
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