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Featured Issue: Healthcare Insurance Proclamation

Stop Button On November 26, 2019, U.S. District Judge Michael H. Simon granted the plaintiffs' motion for a preliminary injunction, thus enjoining the government from taking any action to implement or enforce Presidential Proclamation No. 9945, “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System” until the court resolves the case on the merits or orders otherwise. Stop Button

On October 4, 2019, President Trump issued a proclamation suspending the entry of immigrants who “will financially burden the U.S. healthcare system,” effective at 12:01 am (ET) on November 3, 2019.

This means that, outside of very limited exceptions, if you have a client applying for an immigrant visa, including a diversity visa, on or after November 3, 2019, your client must demonstrate to the consular officer at the time of interview that he/she will be covered by approved health insurance within 30 days of entry into the United States or have the financial resources to pay for reasonably foreseeable medical costs. According to DOS, inability to meet this requirement will result in the denial of the visa application.

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  • Health Insurance Coverage and Medical Expenditures of Immigrants and Native-Born Citizens in the United States
    • Approximately 44% of recent immigrants and 63% of established immigrants were fully insured over the 12-month period analyzed. Immigrants' per-person unadjusted medical expenditures were approximately one half to two thirds as high as expenditures for the US born, even when immigrants were fully insured. Recent immigrants were responsible for only about 1% of public medical expenditures even though they constituted 5% of the population. After controlling for other factors, I found that immigrants' medical costs averaged about 14% to 20% less than those who were US born.

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Cite as AILA Doc. No. 19103100.