Presidential Proclamation related to the healthcare system

The current president of the US, Donald Trump, who belongs to the Republican political party, has always considered immigration as something negative and as a burden on the economic system and taxpayers.

Therefore, during the last four years, his government has focused heavily on reducing immigration and allowing only foreigners with economic stability to cover their expenses while residing in the US. Hence, humanitarian programs such as political asylum and refuge, as well as family-based visas, have been tremendously affected by Trump’s restrictions.

To give a specific example, in October 2019, the White House published a presidential proclamation “on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System.” In this proclamation, President Trump banned the entry of immigrants who might become a burden on the health system, which refers to immigrants who do not have enough income or economic stability to enroll in Approved Health Insurance programs. This rule is commonly known as “uninsured ban.”

Under this presidential proclamation, in order for immigrants to enter the US, they must prove that they will not use government-subsidized medical services, free health programs, or public benefits related to the healthcare system. Certainly, there are some exceptions such as asylum seekers and refugees.

This policy mainly affects:

• Close relatives of American citizens (spouses, children over 21, parents and siblings).
• Close relatives of Legal Permanent Residents (spouses, children over 21 and parents).

This rule mainly affects visa programs based on family ties since the sponsors, which in this case are American citizens and Legal Permanent Residents, must demonstrate that they are covered by Approved Health Insurance to bring their relatives from abroad. Otherwise, people interested in entering the US must prove their financial solvency to enroll in Approved Health Insurance during their stay in the country, which almost never happens.

Since this presidential proclamation barred the entry of hundreds of immigrants and family members of American citizens, several activist groups and immigrant rights advocates raised their voices and legally challenged the Trump administration to remove this rule.

Court of Appeals bans the entry of immigrants without health insurance

After multiple legal processes and the intervention of lower courts, the case reached the Court of Appeals for the Ninth Circuit, which, on December 31, 2020, allowed the Trump administration to deny the entry of immigrants to the US if they do not have health coverage and could become a burden on the local healthcare system.

The Court of Appeals stated that the President of the US has the right and power to deny the entry of immigrants to protect the healthcare system, American citizens and the economy.

In fact, the Court of Appeals stated: “Having concluded that the Proclamation’s restrictions rest on a valid exercise of the authority (…) and that those restrictions do not violate the other congressional enactments at issue, the panel likewise rejected the argument that the Proclamation violates the separation of powers.”

Therefore, immigrants who plan to enter the US must show that they can afford Approved Health Insurance or their applications could be rejected under this presidential proclamation.

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