AP

US judge blocks Trump’s health insurance rule for immigrants

Nov 2, 2019, 9:47 PM
Salt Lake County Certified Welcoming City...
Salt Lake County recertified as Welcoming City. (AP Photo/Rebecca Blackwell, File)
(AP Photo/Rebecca Blackwell, File)

PORTLAND, Ore. (AP) — A federal judge in Portland, Oregon, on Saturday put on hold a Trump administration rule requiring immigrants prove they will have health insurance or can pay for medical care before they can get visas.

U.S. District Judge Michael Simon granted a temporary restraining order that prevents the rule from going into effect Sunday. It’s not clear when he will rule on the merits of the case.

Seven U.S. citizens and a nonprofit organization filed the federal lawsuit Wednesday contending the rule would block nearly two-thirds of all prospective legal immigrants.

The lawsuit also said the rule would greatly reduce or eliminate the number of immigrants who enter the United States with family sponsored visas.

“We’re very grateful that the court recognized the need to block the health care ban immediately,” says Justice Action Center senior litigator Esther Sung, who argued at Saturday’s hearing on behalf of the plaintiffs. “The ban would separate families and cut two-thirds of green-card-based immigration starting tonight, were the ban not stopped.”

The proclamation signed by President Donald Trump in early October applies to people seeking immigrant visas from abroad — not those in the U.S. already. It does not affect lawful permanent residents. It does not apply to asylum-seekers, refugees or children.

The proclamation says immigrants will be barred from entering the country unless they are to be covered by health insurance within 30 days of entering or have enough financial resources to pay for any medical costs.

The rule is the Trump administration’s latest effort to limit immigrant access to public programs while trying to move the country away from a family based immigration system to a merit-based system.

The White House said in a statement at the time the proclamation was issued that too many non-citizens were taking advantage of the country’s “generous public health programs,” and said immigrants contribute to the problem of “uncompensated health care costs.”

Under the government’s visa rule, the required insurance can be bought individually or provided by an employer and it can be short-term coverage or catastrophic.

Medicaid doesn’t count, and an immigrant can’t get a visa if using the Affordable Care Act’s subsidies when buying insurance. The federal government pays for those subsidies.

According to the Migration Policy Institute, a nonpartisan immigration think tank, 57% of U.S. immigrants had private health insurance in 2017, compared with 69% of U.S.-born, and 30% had public health insurance coverage, compared with 36% of native-born.

The uninsured rate for immigrants dropped from 32% to 20% from 2013 to 2017, since the implementation of the Affordable Care Act, according to Migration Policy.

There are about 1.1 million people who obtain green cards each year.

“Countless thousands across the country can breathe a sigh of relief today because the court recognized the urgent and irreparable harm that would have been inflicted” without the hold, said Jesse Bless, director of federal litigation at the American Immigration Lawyers Association.

Earlier this year, the administration made sweeping changes to regulations that would deny green cards to immigrants who use some forms of public assistance, but the courts have blocked that measure.

Today’s Top Stories

AP

A memorial is pictured near the scene of the Colorado shooting at Club Q...
COLLEEN SLEVIN Associated Press

Colorado gay club shooting suspect charged with hate crimes

Investigators say Anderson Lee Aldrich entered Club Q, a sanctuary for the LGBTQ community in this mostly conservative city, just before midnight on Nov. 19.
1 day ago
DOHA, QATAR - NOVEMBER 25: A giant flag of IR Iran on the pitch prior to the FIFA World Cup Qatar 2...
ALI ABDUL-HASSAN and ABBY SEWELL Associated Press

US-Iran match reflects a regional rivalry for many Arab fans

The U.S. team’s must-win World Cup match against Iran will be closely watched across the Middle East, where the two nations have been engaged in a cold war for over four decades and where many blame one or both for the region’s woes.
8 days ago
Irene Cara in 'Fame' (Photo courtesy of Mgm/Kobal, Shutterstock)...
MARK KENNEDY, AP Entertainment Writer

‘Fame’ and ‘Flashdance’ singer-actor Irene Cara dies at 63

singer-actress Irene Cara, who starred and sang the title cut from the 1980 hit movie “Fame” and then belted out the era-defining hit “Flashdance ... What a Feeling” from 1983's “Flashdance,” has died. She was 63.
10 days ago
The U.S. Coast Guard ship Bernard C. Webber, leaves the coast guard base, Monday, July 19, 2021, in...
Associated Press

‘Miracle’: Missing cruise ship passenger found OK in water

The U.S. Coast Guard says a passenger who went overboard from a cruise ship in the Gulf of Mexico was rescued on Thanksgiving after likely being in the water for hours.
11 days ago
FILE - A Montana man was sentenced to three years in prison for his role in the Capitol riot. (AP P...
The Associated Press

Montana man gets 3 years in prison for role in Capitol riot

A Montana man will spend three years in federal prison for his role in the Jan. 6, 2021, riot at the U.S Capitol.
12 days ago
Debbie, left, and Chet Barnett place flowers at a memorial outside of the Chesapeake, Va., Walmart ...
The Associated Press

Walmart shooter left ‘death note,’ bought gun day of killing

According to authorities in Virginia, the Walmart shooter bought his gun just hours prior to killing six employees.
12 days ago

Sponsored Articles

Spicy Homemade Loaded Taters Tots...
Macey's

5 game day snacks for the whole family (with recipes!)

Try these game day snacks to make watching football at home with your family feel like a special occasion. 
Happy joyful smiling casual satisfied woman learning and communicates in sign language online using...
Sorenson

The best tools for Deaf and hard-of-hearing workplace success

Here are some of the best resources to make your workplace work better for Deaf and hard-of-hearing employees.
Team supporters celebrating at a tailgate party...
Macey's

8 Delicious Tailgate Foods That Require Zero Prep Work

In a hurry? These 8 tailgate foods take zero prep work, so you can fuel up and get back to what matters most: getting hyped for your favorite
christmas decorations candles in glass jars with fir on a old wooden table...
Western Nut Company

12 Mason Jar Gift Ideas for the 12 Days of Christmas [with recipes!]

There are so many clever mason jar gift ideas to give something thoughtful to your neighbors or friends. Read our 12 ideas to make your own!
wide shot of Bear Lake with a person on a stand up paddle board...

Pack your bags! Extended stays at Bear Lake await you

Work from here! Read our tips to prepare for your extended stay, whether at Bear Lake or somewhere else nearby.
young boy with hearing aid...
Sorenson

Accommodations for students who are deaf and hard of hearing

These different types of accommodations for students who are deaf and hard of hearing can help them succeed in school.
US judge blocks Trump’s health insurance rule for immigrants