Federal Judge Blocks Trump's Presidential Proclamation

November 8, 2019

A federal judge in Portland, Oregon, has blocked President Trump’s proclamation that would have required immigrants seeking to obtain a visa prove they have health insurance or the financial means to pay for medical costs.

President Trump issued the proclamation on Oct. 4, and it was on track to go into effect on Nov. 3. But several organizations and U.S. citizens filed a federal lawsuit at the end of October and U.S. District Judge Michael Simon granted a temporary restraining order on Nov. 2.

Specifics Of The Rule

The presidential proclamation would have applied to foreign nationals seeking immigrant visas from abroad. This means that the rule, should it have gone into effect, would not have applied to foreign nationals already in the U.S. The rule also would not have affected children, refugees, asylum-seekers and lawful permanent residents.

According to the rule, immigrants would not be able to enter the U.S. unless:

  • He or she is able to be covered by health insurance within one month of entering the U.S.
  • Or is able to pay for any medical costs due to having enough financial resources

The Trump administration stated that immigrants who couldn’t pay for medical costs were more likely to pass them onto American citizens in the form of “higher taxes, higher premiums and higher fees for medical services.”

It’s likely the Trump administration will appeal the ruling.

This is the second time in recent times a federal judge has blocked a rule from the Trump administration targeting immigration. In October, three separate judges blocked the “public charge” rule from going into effect.

Envoy is pleased to provide you this information, which was prepared in collaboration with Susannah Nichols, who is a Managing Attorney at Global Immigration Associates, P.C. (www.giafirm.com), Envoy’s affiliated law firm.

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