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Allen and Hodgman | Federal judge blocks new Trump health insurance proclamation
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Federal judge blocks new Trump health insurance proclamation

On Saturday, November 2, 2019 Judge Michael Simon of the Federal District Court in Portland, Oregon issued a nationwide temporary restraining order blocking the government from carrying out President Trump’s health insurance proclamation. This proclamation would have ordered consular officers to refuse immigrant visas to thousands of legal immigrants, unless they could prove they would have health insurance within thirty days of arriving in the United States. The proclamation would have taken effect the next day, on November 3.

The lawsuit was brought by the American Immigration Lawyers Association and other public interest groups, on the grounds the proclamation was “plainly illegal,” and would effectively bar up to 375,000 otherwise qualified immigrants each year.

This proclamation is different from the “Public Charge Rule,” which has now also been blocked by three federal courts. The “Public Charge Rule” would bar the entry of both immigrants and nonimmigrants, if the persons had received certain public benefits such as Food Stamps, subsidized housing and Medicaid, or were “likely” to receive such benefits.