Health Insurance No Longer Mandatory For US Immigration; US Judge Stops President Trump’s Order

 Health Insurance No Longer Mandatory For US Immigration; US Federal Judge Stops President Trump's Order
Health Insurance No Longer Mandatory For US Immigration; US Federal Judge Stops President Trump’s Order

Trump has been fidgeting with the immigration norms since the time he’s handled the president-ship. We are also acquainted with all the immigration hurdles the Trump government has implied for foreigners to enter into the States. There has been a significant peak drop in the number of H1B visas issued to Indians and other immigrants each year.

In the month of October, we’d informed you about a peculiar step taken by the Trump government, resulting into a vast cut down in the entry of immigrants in the US. As per it, all the future immigrant visa applicants will have to assure in papers, with the help of certificates and insurances that they can afford health care.

The latest news on this comes up 2 days back, when a US federal judge in Oregon, granted a preliminary injunction, blocking Trump administration’s this very rule. This U.S. District Court Judge, Michael Simon granted a nationwide preliminary injunction that would stop the State Department from enforcing the order.

Let’s Understand the Order First

In October, the White House a presidential proclamation, as per which the future immigrant visa applicants, including people with ties to family members in the U.S., will have to prove that they have health insurance or their financial ability to pay for medical care before being issued a visa that could lead to a green card.

This proclamation wouldn’t apply to non-citizen children of U.S. citizens, extending to refugees and immigrants who won asylum.

It has also made sure that the subsidized plans purchased on the Affordable Care Act insurance exchanges shall not be counted as an eligible form of insurance, under this proclamation.

Until now, the low-income immigrants living in the US cannot Medicaid for their first five years but can receive premium subsidies if their incomes are low enough. However, this proclamation, purchasing health insurance using subsidies would disqualify people from living in the country legally.

Through this proclamation, the White House wants to safeguard the health-care system for American citizens by preventing immigrants from enrolling in Medicaid or going to emergency rooms with no insurance, requiring hospitals or taxpayers to cover the cost.

US District Judge Against the Order

A U.S. District Court Judge Michael Simon, an appointee of President Barack Obama granted a nationwide preliminary injunction that would stop the State Department from enforcing this order.

He wrote that  the proclamation could not take effect while a lawsuit challenging its constitutionality makes its way through the courts. He expressed his concerns that an order as such shall block nearly two-thirds of all prospective legal immigrants.

Seven U.S. citizens and a non-profit organization is sued too for preventing the rule from taking effect. The lawsuit also said the rule would greatly hinder the immigrants entering US indefinitely and thus, stand against an action by Congress in 1990 to remove “paupers” from section 1182 of the Immigration and Nationality Act.

He adds that the president offers no national security or foreign relations justification for this sweeping change in immigration law. Simon also rejected the government’s argument that immigrants would not suffer irreparable harm, instead he cited examples of plaintiffs who cannot afford the insurance and would suffer “extreme hardship” due to the order.

What Does the Trump Administration Think?

White House press secretary Stephanie Grisham said that Simon has disregarded the Immigration and Nationality Act that allowed the president broad authority to impose additional restrictions or limitations on the entry of aliens into the United States.

The White House says that it is looking forward to defending the President’s lawful action. As per this proclamation, when hospitals and other providers are not reimbursed for the care they give to those who are uninsured, the associated costs get passed on to American citizens in the form of higher taxes, higher premiums, and higher fees for medical services.

According to Trump, immigrants entering the country should not further saddle America’s healthcare system, subsequently the American taxpayers with higher costs. 

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