Order to Deny Green Cards Without Insurance Blocked

Mario A. Godoy
Order to Deny Green Cards Without Insurance Blocked

U.S. District Judge Michael Simon granted a temporary restraining order on November 2 that blocked a new Trump administration rule scheduled to go into effect on November 3 requiring that immigration visa applicants must prove that they have health insurance. The Oregon federal judge’s ruling was in response to a lawsuit filed by 7 US citizens and a non-profit organization filed a federal lawsuit arguing the rule would block nearly two-thirds of all prospective legal immigrants.

The administration had announced by proclamation on October 4, 2019, their plan to deny immigrant visas to applicants who can’t prove they will have health insurance within 30 days after their arrival in the United States or can pay for medical care. The new rule is part of the administration’s plan to change immigration policy from a family-based system to a merit-based immigration system, and to deny green cards to immigrants who use any type of public assistance, which has also been blocked by the courts.

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
  • 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

Justice Action Center senior litigator Esther Sung, who argued at Saturday’s hearing on behalf of the plaintiffs, said:

“We’re very grateful that the court recognized the need to block the health care ban immediately. The ban would separate families and cut two-thirds of green-card-based immigration starting tonight, were the ban not stopped.”

An experienced immigration attorney can help you understand how changes to immigration law could affect your current or pending application for immigration status to the United States.

Godoy Law Office keeps the American Dream alive by guiding immigrants to make informed, smart legal decisions. For a consultation regarding your immigration law concerns, contact Godoy Law in Chicago online or call us at 312-736-0424. 

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