Late yesterday U.S. District Court Judge Michael Simon issued an injunction against a new Trump administration policy that requires legal immigrants prove they can afford and obtain health insurance upon entry to the United States.
A federal judge in Oregon has issued a nationwide preliminary injunction against a Trump administration rule that would have banned immigrants from entering the United States if they couldn’t afford health care.
The rule, issued in early October, would have required immigrants to show proof of health insurance or the ability to pay for their medical care before obtaining a visa. The administration had argued the rule was necessary to prevent costs associated with uninsured immigrants being “passed on to the American people” through higher taxes, premiums and medical fees.
In his ruling, U.S. District Court Judge Michael Simon said he was not deciding whether or not such a rule was “good public policy,” but rather which branch of government had the right to make such a policy.
That right, he wrote, belongs to Congress, which has the power to establish rules surrounding naturalization.
The White House is blasting the move, citing powers given to the President by Congress to limit immigration into the United States.
"Yesterday, a single district court in Oregon has decided immigration policy for the Nation. Congress plainly provided the President with broad authority to impose additional restrictions or limitations on the entry of aliens into the United States. The relevant portion of the Immigration and Nationality Act provides: 'Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate,'" White House Press Secretary Stephanie Grisham released in a statement.
"In a landmark decision last year, the Supreme Court recognized the President’s broad authority to so impose such restrictions. That broad authority formed the foundation of this most recent proclamation that was designed to protect the United States from the detrimental effects of uninsured immigrants. The district court's decision enjoining the proclamation disregards the statute's text, in violation of the Supreme Court's decision. We look forward to defending the President's lawful action," she continued.
The injunction will remain in place until a higher court makes a decision on the case.
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