12/31/2020: The Ninth Circuit Court of Appeals lifted a ban on President Donald Trump’s proclamation that bars entry to immigrants without health insurance or the means to pay for hospital bills. *** Therefore, the ban is in effect now. A visa can be denied for lack of an appropriate health insurance.
In a 2-1 decision the appellate court ruled that the proclamation was within the president’s authority and reversed a federal court decision to block implementation of the order.
U.S. Circuit Judge A. Wallace Tashima, a Bill Clinton appointee authored a 15-page dissent. Judge Tashima, who was imprisoned as a child in a WWII-era Japanese internment camp, said he agreed with the district court ruling.
“The Proclamation overrides both the Affordable Care Act (“ACA”), which makes recently arrived lawful immigrants eligible for subsidized health insurance plans… and the public charge rule of the Immigration and Nationality Act (“INA”), which comprehensively addresses the circumstances under which individuals may be excluded from this country due to their limited financial means or the financial burdens they will place on others,” he wrote.
Tashima wrote that the proclamation “has no nexus to national security, addresses a purely domestic concern (uncompensated health care costs), lacks any conceivable temporal limit, and works a major overhaul of this nation’s immigration laws without the input of Congress — a sweeping and unprecedented exercise of unilateral Executive power.”
“It strains credulity to suggest that Congress intended to authorize the President to undermine its own policy judgments,” he wrote.
Read more here.
In a 2-1 decision the appellate court ruled that the proclamation was within the president’s authority and reversed a federal court decision to block implementation of the order.
U.S. Circuit Judge A. Wallace Tashima, a Bill Clinton appointee authored a 15-page dissent. Judge Tashima, who was imprisoned as a child in a WWII-era Japanese internment camp, said he agreed with the district court ruling.
“The Proclamation overrides both the Affordable Care Act (“ACA”), which makes recently arrived lawful immigrants eligible for subsidized health insurance plans… and the public charge rule of the Immigration and Nationality Act (“INA”), which comprehensively addresses the circumstances under which individuals may be excluded from this country due to their limited financial means or the financial burdens they will place on others,” he wrote.
Tashima wrote that the proclamation “has no nexus to national security, addresses a purely domestic concern (uncompensated health care costs), lacks any conceivable temporal limit, and works a major overhaul of this nation’s immigration laws without the input of Congress — a sweeping and unprecedented exercise of unilateral Executive power.”
“It strains credulity to suggest that Congress intended to authorize the President to undermine its own policy judgments,” he wrote.
Read more here.
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