White House rescinds 2019 health insurance proclamation

The White House announced Friday that it would rescind a 2019 proclamation that would have denied immigrant visas to applicants based on their ability to cover health costs. The proclamation, issued by the Trump administration, never took effect because it was blocked in court.

Key Points:

• The 2019 proclamation would have required immigrant visa applicants to have an approved health insurance policy within 30 days of entering the U.S. or the financial resources to pay for reasonably foreseeable medical costs.
• In November 2019, a federal court in Oregon issued a temporary restraining order, blocking the implementation of the proclamation days before it was scheduled to take effect. The court subsequently issued an injunction to block implementation for the duration of the lawsuit challenging the proclamation.
• On Friday, May 14, President Joe Biden issued a proclamation rescinding the 2019 proclamation and directing the relevant cabinet secretaries to issue revised guidance as needed.

BAL Analysis: The revocation of the 2019 proclamation means that immigrant visa applicants will not be subject to additional criteria the Trump administration sought to impose, concerning their ability to pay healthcare expenses. BAL will continue to follow the Biden administration’s policies on immigration and will provide updates on important developments.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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