You can apply for a visa in the US without medical insurance: the court blocked the Trump administration's innovation
2 November a federal judge in Portland, Oregon, has suspended the new administrative rule of US President Donald Trump, according to which immigrants must prove that they have the opportunity to get medical insurance or can pay for medical services before they can get a visa. Writes about it USA Today.
US District Judge Michael Simon issued an interim ban that suspended the entry into force of the rule on Sunday, November 3.
Seven US citizens and a not-for-profit organization filed a federal lawsuit against this innovation, claiming that the rule would block almost 65% of all potential legal immigrants in the United States. The lawsuit also states that this rule will significantly reduce or eliminate the number of immigrants entering the United States on family visas.
“We are very grateful that the court recognized the need to immediately block this rule,” said Esther Sung, senior judge at the Justice Action Center. "The ban would divide families and cut two-thirds of green card-based immigration."
The proclamation signed by Trump at the beginning of October 2019 applies to people applying for immigrant visas from abroad, and not to those already in the United States. It also does not affect legal permanent residents and does not apply to asylum seekers, refugees or children.
The proclamation states that immigrants will not be allowed to enter the country if they cannot get health insurance within 30 days after entering the United States or they don’t have enough financial resources to pay for their medical expenses.
This rule is the latest attempt by the Trump administration to restrict immigrants' access to government programs.
The White House said immigrants contribute to the problem of “unpaid health care costs.”
According to state visa legislation, the required insurance can be purchased individually or provided to the employer, and it can be short-term or long-term.
Medicaid is not considered medical insurance, and an immigrant cannot get a visa if he uses subsidies from the Affordable Health Care Act when purchasing insurance, as the federal government pays for these subsidies.
According to the Institute for Migration Policy, 57% of US immigrants had private health insurance in 2017 compared to 69% of Americans and 30% had public health insurance compared to 36% of Americans.
According to the Migration Policy, the percentage of uninsured immigrants dropped from 32% to 20% between 2013 and 2017 from the moment the Law on Affordable Care Services came into force.
About 1,1 million people receive green cards every year.
“Countless thousands of people across the country can breathe a sigh of relief because the court has found irreparable harm that would have been caused by this rule,” said Jesse Bless, director of federal litigation at the American Immigrant Bar Association.
As ForumDaily wrote earlier:
- President Donald Trump signed a decree banning immigrants from entering the countryunable to pay the cost of their health care. Immigrants must have the necessary financial means upon entry into the country or guarantee that they will receive health insurance no later than 30 days from their arrival in the United States.
- On October 15, October 2019, U.S. President Donald Trump’s administration rules will come into force, which may to prohibit the issuance of green cards to immigrants using Medicaidfood stamps or other forms of government assistance.
- US Federal Judges in New York, California, and Washington blocked the implementation of the rule introduced by the Trump administration. The judges explained that the federal government did not provide evidence of the need to apply this rule, which contradicts the principle of the “American dream”. Immigrant rights groups and several states argue that the new rule is contrary to existing immigration laws and will increase the cost of providing medical and other services to immigrants.
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