The big news at the start of the holiday season pertains to the preliminary injunction in the Doe v. Trump matter that enjoins President Trump from implementing a ban on visa applicants unable to prove their ability to obtain health insurance upon entry into the U.S. for the duration of the case litigation. On October 4, 2019, President Trump signed a proclamation barring foreign nationals from receiving immigrant and nonimmigrant visas if they could not prove they would be covered by “approved” health insurance within 30 days of arriving in the U.S., or are healthy and financially stable enough to pay for “reasonably foreseeable medical costs” upon entry into the U.S. The proclamation, which, in practical terms, amounted to a ban, limited “approved” health insurance to plans that are unattainable for many immigrants or would be impossible to obtain within 30 days of entry into the country. The proclamation was to go into effect on November 3, 2019, but was enjoined on a short-term basis initially and now, for the duration of litigation in the Doe v. Trump matter. This is a big win for immigrant rights advocates and puts a hurdle in the way of the visa adjudication change that could affect a significant number of legal immigrants and nonimmigrant workers and their U.S. employers.
Department of State