Temporary Block on Immigrant Health Insurance Requirement

President Trump’s October 4th Proclamation has been temporarily blocked by a federal judge.  If allowed, it would require those seeking U.S. visas to obtain approved health insurance within 30 days of entry if they are not able to cover their own healthcare expenses. Judge Michael Simon, a Federal District Judge in Portland, Oregon, issued a nationwide temporary restraining order on Saturday, November 2, the day before the Proclamation was set to go into effect. 

This order will prohibit the government from implementing the Proclamation for 28 days. During this time, the plaintiffs (seven U.S. citizens and a nonprofit group, Latino Network) and the defendants (various governmental agencies and officials)  will argue on whether the court should issue a preliminary injunction, which would block the Proclamation from becoming effective until the lawsuit has been completely resolved. In this suit, the plaintiffs are challenging the legality of the Proclamation, and if the judge issues a preliminary injunction, the Proclamation will be suspended until the judge makes the ultimate decision on whether the Proclamation is legal or illegal.

This temporary restraining order comes weeks after a series of Federal Court decisions to temporarily block the Department of Homeland Security’s amended public charge rule from becoming effective. Like the public charge rule, if this Proclamation were implemented, it would have sweeping consequences, especially on low-income and family-based immigrants. An estimated 375,000 people would be denied entrance to the U.S. annually according to the Migration Policy Institute. 

Judge Simon has scheduled a hearing for November 22 where he will decide whether to issue the preliminary injunction. If you are considering or in the process of applying for a U.S. visas, make sure to follow his upcoming decisions, and feel free to contact one of our attorneys at Berardi Immigration Law with any questions or concerns.