Update on Presidential Proclamation on Health Insurance

On November 26, 2019, the federal District Court in Oregon granted a preliminary injunction that prevents the government from taking any action to implement or enforce Presidential Proclamation No. 9945, “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System.” The injunction will be in place for an indefinite period of time until there is final resolution on the merits of the federal lawsuit. The District Court judge stated in his opinion that the proclamation is inconsistent with the Immigration and Nationality Act and “[i]n addition, and independently, the Proclamation was not issued under any properly delegated authority.” It is expected that the Trump Administration will file an appeal in response to the injunction.

The Trump Administration’s proclamation on health insurance intends to restrict or suspend the entry of foreign nationals seeking admission as lawful permanent residents if they are unable to show that they are covered by approved health insurance within 30 days of entry, or that they possess the financial resources to pay for reasonably foreseeable medical costs. The proclamation, which was announced on October 4, 2019, was scheduled to take effect on November 3, 2019. However, one day prior to the effective date, the federal district court had issued a 28-day nationwide temporary restraining order (TRO) which blocked the Trump Administration from enforcing the proclamation.