Higher Court Rules Trump Uninsured Ban Stands


On October 4, 2019 the Trump Administration issued “Proclamation No. 9945,” the “Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System in Order to Protect the Availability of Healthcare Benefits for Americans.” This Proclamation was also known as the “uninsured ban.” 

In November of 2019 the district court blocked the implementation of the ban with an injunction. 

Yet on January 15, 2021 Judge Daniel Collins of the 9th Circuit Court of Appeals ruled the ban could stand

In order to comply with the ban and gain admission into the United States, you would need to secure an acceptable health plan.

Acceptable Health Plans

The ban lists out the plans which immigrants may use. These include:

  • Employee-sponsored plans
  • Short-term limited duration health policies
  • Family member plans
  • Catastrophic plans
  • Visitor health plans
  • Unsubsidized individual market health care plans
  • Medicare
  • Tricare

The ban excludes Medicaid and subsidized health plans found on the ACA exchange, which means immigrants cannot benefit from the plans offered under the Affordable Health Care Act. 

There are some provisions in the uninsured ban for proving that you have the ability to pay for a medical emergency out-of-pocket, but specific numbers are not named. This means the individual immigration official has broad powers to make a subjective determination of your eligibility. In most cases those who cannot afford the health insurance plans on the approved list will not have enough money to convince USCIS that they can handle medical emergencies as they arise. Medical services in the United States are exorbitantly expensive.

For most immigrants, the path forward would be to locate employment that will provide health insurance and which may provide visa sponsorship.

There is a chance that the Biden administration will withdraw the ban. Because 180 days have elapsed since the effective date of the proclamation the Secretary of State will have to find that it’s still necessary to protect US workers to keep it in effect. Challengers still have a chance to petition for a rehearing, and this could stall the ban long enough for the Biden administration to reverse the ban.

Immigration policy in America continues to remain rocky and difficult to keep up with. If you are attempting to enter the United States you should immediately consult with an immigration attorney to learn what the most recent requirements are and to learn what kinds of evidence you must submit with your documentation to give your immigration application its best chance at success.

See also:

Is It Possible to Get a Work Visa Without a Sponsorship?

3 Questions About Immigration and Employment, Answered

Federal Judge Blocks Trump Health Insurance Mandate

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