President Trump on the South Lawn of the White House on Dec. 12.
The 9th U.S. Circuit Court of Appeals in California ruled Thursday (Dec. 31) to overturn an Oregon district court’s ban on enforcing a presidential proclamation signed by Trump (R-Ariz.) that prevents immigrants without health insurance or the means to pay their medical bills from entering the United States.
In a ruling opinion issued Dec. 31, the 9th U.S. Circuit Court of Appeals in San Francisco, California, said Trump acted within his authority when he signed a proclamation in October 2019 suspending the entry of immigrants who would place a financial burden on the U.S. healthcare system.
The ruling by the Ninth Circuit Court of Appeals overturned an Oregon district judge’s decision to block the president’s proclamation from being implemented, delivering a victory for supporters of stricter controls on immigration.
The proclamation, which Trump signed in October 2019, requires immigrant visa applicants to prove they obtained qualifying health insurance or have the ability to pay for reasonably foreseeable medical expenses within 30 days of their date of entry into the United States. Applicants will have to meet these requirements to be issued an immigrant visa, or they will be denied.
The announcement said the initiative is intended to protect the interests of U.S. taxpayers, as admitting large numbers of immigrants who cannot pay for their own health care places a burden on U.S. taxpayers and the health care system. The total cost of uncompensated care or uncompensated services provided by hospitals has exceeded $35 billion annually over the past decade.
In his announcement, the president said that U.S. taxpayers bear the costs associated with providing health care to uninsured immigrants in the form of high taxes, high premiums and high fees for health care services.
Following Trump’s announcement, seven U.S. citizens sued, claiming the order unfairly prevented their families from immigrating to the United States. An Oregon district judge issued a nationwide preliminary injunction in the case in November 2019, blocking implementation of Trump’s order, finding that the proclamation was likely illegal and that the plaintiffs were likely to prevail on the merits.
The Ninth Circuit has now overruled the Oregon district judge’s decision in a 2-1 decision. Circuit Judge Daniel Collins wrote in the opinion that the notice did not violate established law.
“We conclude that the plaintiffs have not shown that any of their challenges to the (presidential) proclamation have a likelihood of success.” Collins said, “The district court abused its discretion in granting a preliminary injunction enjoining the implementation of the (presidential) proclamation.”
“We rule that the proclamation is within the president’s statutory authority and therefore reverse the district court’s order enjoining enforcement of the president’s proclamation.” Collins wrote.
Recent Comments