Ustun Law Group, PLLC

Background:

According to President Trump:

“Healthcare providers and taxpayers bear substantial costs in paying for medical expenses incurred by people who lack health insurance or the ability to pay for their healthcare.  Hospitals and other providers often administer care to the uninsured without any hope of receiving reimbursement from them.”

The president of the United States of America also believes:

“While our healthcare system grapples with the challenges caused by uncompensated care, the United States Government is making the problem worse by admitting thousands of aliens who have not demonstrated any ability to pay for their healthcare costs.  Notably, data show that lawful immigrants are about three times more likely than United States citizens to lack health insurance.  Immigrants who enter this country should not further saddle our healthcare system, and subsequently American taxpayers, with higher costs.”

The proclamation consists of seven sections with few subsections. A brief analysis of relevant sections and key terms are as follows:

Suspension and Limitation on Entry.

(a)  The entry into the United States as immigrants of aliens who will financially burden the United States healthcare system is hereby suspended and limited subject to section 2 of this proclamation.

Explanation of key terms in this proclamation:

An Alien will” financially burden” the America system if they are not covered by approved health insurance within 30 days of entry to the United States, or do not possess the financial resources to pay for reasonably foreseeable medical costs.

Approved health insurance means coverage under any of the following plans or programs:

I. an employer-sponsored plan, including a retiree plan, association health plan, and coverage provided by the Consolidated Omnibus Budget Reconciliation Act of 1985

ii. an unsubsidized health plan offered in the individual market within a State

iii  a short-term limited duration health policy effective for a minimum of 364 days — or until the beginning of planned, extended travel outside the United States;

iv   a catastrophic plan

v   a family member’s plan

vi   a medical plan under chapter 55 of title 10, United States Code, including coverage under the TRICARE program

vii a visitor health insurance plan that provides adequate coverage for medical care for a minimum of 364 days — or until the beginning of planned, extended travel outside the United States

viii a medical plan under the Medicare program

OR

ix any other health plan that provides adequate coverage for medical care as determined by the Secretary of Health and Human Services or his designee.

Please note:

  • For persons over the age of 18, approved health insurance does not include coverage under the Medicaid program.
  • Section 1 of this proclamation shall apply only to aliens seeking to enter the United States pursuant to an immigrant visa.

Section 1 of this proclamation shall not apply to:

i. Any alien holding a valid immigrant visa issued before the effective date of this proclamation

ii    Any alien seeking to enter the United States pursuant to a Special Immigrant Visa, in either the SI or SQ classification, who is also a national of Afghanistan or Iraq, or his or her spouse and children, if any

iii   Any alien who is the child of a United States citizen or who is seeking to enter the United States pursuant to an IR-2, IR-3, IR-4, IH-3, or IH-4 visa

iv   Any alien seeking to enter the United States pursuant to an IR-5 visa provided that the alien or the alien’s sponsor demonstrates to the satisfaction of the consular officer that the alien’s healthcare will not impose a substantial burden on the United States healthcare system

v     Any alien seeking to enter the United States pursuant to an SB-1 visa

vi   Any alien under the age of 18, except for any alien accompanying a parent who is also immigrating to the United States and subject to this proclamation

vii   Any alien whose entry would further important the United States law enforcement objectives, as determined by the Secretary of State or his designee based on a recommendation of the Attorney General or his designee;

OR

viii, Any alien whose entry would be in the national interest, as determined by the Secretary of State or his designee on a case-by-case basis.

(c)  Consistent with subsection (a) of this section, this proclamation does not affect the entry of aliens entering the United States through means other than immigrant visas, including lawful permanent residents.  Further, nothing in this proclamation shall be construed to affect any individual’s eligibility for asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws and regulations of the United States.

Implementation and Enforcement (Sec. 3):

  1.  An alien subject to this proclamation must establish that he or she meets its requirements, to the satisfaction of a consular officer, before the adjudication and issuance of an immigrant visa. The Secretary of State may establish standards and procedures governing such determinations.
  2. The review required by subsection (a) of this section is separate and independent from the review and determination required by other statutes, regulations, or proclamations in determining the admissibility of an alien.
  3. An alien who circumvents the application of this proclamation through fraud, willful misrepresentation of a material fact or illegal entry shall be a priority for removal by the Department of Homeland Security.

 

Effective Date.  This proclamation is effective at 12:01 a.m. eastern daylight time on November 3, 2019.