Federal Judge blocked Trump insurance requirements for immigrants

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By Atty. Crispin Caday Lozano

What is being blocked by a Federal Judge?

A federal judge in Oregon blocked President Donald Trump’s bid to deny immigrants visas unless they buy health insurance within 30 days of entering the country or otherwise show they can cover their medical costs. 

U.S. District Court Judge Michael Simon issued an order on Tuesday November 26, 2019, to stop the State Department from enforcing a policy that officials unveiled in late October under a mandate from President Donald Trump, and which could drastically curtail the ability of people to legally migrate to the United States. 

Judge Simon noted that the requirement that immigrants buy unsubsidized insurance — meaning they couldn’t get financial assistance through Obamacare — barred poor people from entering the country, which he said clearly infringed on the law. 

“The proclamation is anticipated to affect approximately 60 percent of all immigrant visa applicants,” the judge wrote. “The president offers no national security or foreign relations justification for this sweeping change in immigration law.” 

Simon agreed with plaintiffs, including U.S. citizens and their overseas family members as well as the non-profit Latino Network, that the rule violated the Constitution’s separation of powers. His decision applies nationwide. 

Immigration officials could have begun enforcing the requirement on Dec. 1. The administration is expected to appeal. 

Simon, a Barack Obama appointee, had already temporarily blocked the policy from taking effect early this month, saying there was sufficient concern about the legality of the new requirements to merit a delay, particularly since the administration didn’t use a standard public comment period for the new rules. 

The plaintiffs argued the sweeping nature of the executive action showed an attempt “to rewrite our country’s immigration laws and fundamentally shift the balance of power between the branches of government.” 

Note: This is not a legal advice.

Success Stories

1.For the month of November 2019, we received approvals of one naturalization application, one renewal of green card, one Petition to remove condition on residence and one adjustment of status.

2.For the month of October 2019, we received five naturalization application approvals and two renewal of green card and one DACA approval.

3.For the month of September 2019, we received approval of two naturalization applications, one adjustment of status and one application to remove condition on residence.

4. For the month of August, 2019, we received approval from Immigration Court for a waiver of misrepresentation for a client who has committed marriage fraud.  We also received approval from USCIS of two naturalization applications and two fiancé visa petition.

5. For the month of July 2019, we received approvals of three N-400 application for Naturalization, one I-751 Petition to remove condition of residence with interview and two I-90 renewal of green card.

6. For June 2019, we received approvals of four adjustment of status, six naturalization applications and two certificate of citizenship applications, and one Removal of condition on resident.

7. On May 6, 2019, we received approvals of three adjustment of status applications and two Naturalization applications.

8. On April 24, 2019, we received approval from USCIS for three naturalization applications and one adjustment of status.

9. On March  29, 2019, we received an approval of adjustment of status for a client whose petitioner and primary beneficiary has died under INA 204(l)

10. On March 28, 2019, we received an approval of renewal of green card  for a client who was in the Philippines under medical treatment for one and a half years.

11. From March 4 to 26, 2019, we received six adjustment of status approvals.

12. For the month of February, 2019, we received tow approvals of renewal of green card and one approval of removal of condition on residence.

13. On January 16, 2019, we received an approval of naturalization for a client who received a waiver of misrepresentation in Immigration Court.

If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.  

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