A federal judge in Oregon blocked President Donald Trump’s bid to deny immigrants visas unless they buy health insurance within 30 days of entering the country or otherwise show they can cover their medical costs.
U.S. District Court Judge Michael Simon issued an order on Tuesday to stop the State Department from enforcing a policy that officials unveiled in late October under a mandate from President Donald Trump, and which could drastically curtail the ability of people to legally migrate to the United States.
Simon noted that the requirement that immigrants buy unsubsidized insurance — meaning they couldn’t get financial assistance through Obamacare — barred poor people from entering the country, which he said clearly infringed on the law.
“The proclamation is anticipated to affect approximately 60 percent of all immigrant visa applicants,” the judge wrote. “The president offers no national security or foreign relations justification for this sweeping change in immigration law.”
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Simon agreed with plaintiffs, including U.S. citizens and their overseas family members as well as the non-profit Latino Network, that the rule violated the Constitution’s separation of powers. His decision applies nationwide.
Immigration officials could have begun enforcing the requirement on Dec. 1. The administration is expected to appeal.
Simon, a Barack Obama appointee, had already temporarily blocked the policy from taking effect early this month, saying there was sufficient concern about the legality of the new requirements to merit a delay, particularly since the administration didn’t use a standard public comment period for the new rules.
The plaintiffs argued the sweeping nature of the executive action showed an attempt “to rewrite our country’s immigration laws and fundamentally shift the balance of power between the branches of government.”
The policy originated with a proclamation Trump issued on Oct. 4 that cast confusion and uncertainty onto the immigrant community and raised immediate concerns it could be unworkable. In the original order, Trump laid out the parameters for the types of health insurance legal immigrants could buy as a condition for getting a visa.
Source: Judge halts Trump’s insurance mandate for immigrants
