Blog by Pasricha & Patel, LLC

Court temporarily blocks the implementation of Presidential Proclamation that would have required health insurance proof for arriving immigrants to the U.S.

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Pasricha & Patel Takeaways:

As of November 11, 2019, a nationwide temporary restraining order has been issued by the United States District Court for the District of Oregon blocking the implementation of Presidential Proclamation 9945 - Suspension of Entry to Immigrants Who Will Financially Burden the United States Healthcare System.

On October 4, 2019, President Trump had issued the Presidential Proclamation 9945, in an attempt to suspend entry of immigrants who are uninsured and cannot pay the costs of their healthcare. This Proclamation would in effect limit immigration to only those who are financially well off and who can afford to pay for health insurance even before they even arrive in the U.S.

Presidential Proclamation 9945 would apply mainly to immigrants seeking to come to the United States using family-based immigration visas such as:

  • spouses of American citizens and lawful permanent residents,
  • children of lawful permanent residents who are 18-21 years old,
  • children under 18 if travelling with a parent who is also immigrating,
  • adult sons and daughters of American citizens and lawful permanent residents.

The Proclamation would also affect immigrants with diversity or employment-based visas as well as some religious workers.

The Proclamation would also apply to parents of American citizens who cannot show that their healthcare will not inflict a substantial burden on the American healthcare system. Immigrants would need to prove that they would be insured within 30 days after entering the United States or be able to pay out-of-pocket for “reasonably foreseeable medical expenses.”

This court ruling simply puts the implementation of the policy on hold. The Court will still need time to review the merits of the actual lawsuit filed by the plaintiff against the federal government. This lawsuit has been supported by litigators from the Justice Action Center, the American Immigration Lawyers Association, Innovation Law Lab, and the Sidley Austin LLP. They have argued that if this presidential Proclamation were to go into effect, it would result in irreparable harm to hundreds and thousands
of people who will either be separated from family members, or lose essential employees who are set to join the U.S. workforce here in the U.S.

We will continue to monitor the progress of this pending lawsuit, and we encourage readers to check on our website for any further updates. And if the reader have any questions about this matter or any immigration-related matters, we do suggest that you contact our office for formal consultation.