A federal judge granted an injunction Tuesday that will continue to prevent the Trump administration from implementing a proclamation that would restrict the entry of immigrants on the basis of their ability to pay for health care.

Key Points:

  • The proclamation, issued in October, would deny immigrant visas to applicants unable to show that they would be insured by an approved health insurance plan or could afford to cover their health costs.
  • The proclamation did not go into effect as scheduled because it was blocked by a temporary restraining order that was due to expire Nov. 30. The issuance of the injunction means that implementation of the proclamation will continue to be blocked until the court resolves the case on the merits or orders otherwise.
  • The lawsuit was brought by the American Immigration Lawyers Association, nonprofit advocacy organizations and U.S. citizens with foreign national family members who would likely be denied visas under the proclamation. In granting the injunction, U.S. District Judge Michael Simon wrote that the proclamation is “inconsistent” with the Immigration and Nationality Act and that it was “not issued under any properly delegated authority.”

BAL Analysis: The proclamation is not in effect at this time and, under Tuesday’s ruling, will not be enforced for the duration of the lawsuit challenging it. BAL will continue to follow the lawsuit and will provide updates on key 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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