New Rule requiring Immigrants to show proof of Health Care coverage

On October 4, 2019, President Trump issued a proclamation requiring many future immigrants to show that they can afford health care as a condition to obtaining approval of their immigrant visa applications. In short, this new rule will require applicants for immigrant visas (green cards) to show that they have health insurance or have the financial ability to pay for their own medical care before they will be issued a visa. It is scheduled to take effect in 30 days, or on November 3, 2019.

To obtain a visa, foreign nationals will have to prove that they will be covered by an approved health insurance policy within 30 days from the date that they will enter the U.S. Applicants may also show that they are included as a dependent on a family member’s health plan in the U.S. Notably, however, subsidized plans purchased on the Affordable Care Act insurance exchanges will not count as an eligible form of insurance under the new definition.

In the alternative, applicants may show that they are affluent enough and have sufficient financial resources to cover their own “reasonably foreseeable medical costs.” However, the proclamation does not define exactly what an applicant will be required to show in order to meet this standard and prove that they are financially capable of paying for their own medical costs.

Another notable feature of the new policy is that low-income immigrants living legally in the U.S. will not be permitted to receive any Medicaid benefits for their first five years; however, they will be allowed to receive premium subsidies if their incomes are low enough. In addition, buying health insurance using subsidies would be a disqualifying factor.

While this new rule is certain to be challenged in the courts as an unlawful exercise of executive power, in support of this proclamation, President Trump invoked Section 212(f) of the Immigration and Nationality Act, which gives the president authority to declare certain immigrants ineligible for entry because it “would be contrary to the national interest” and “detrimental to the interests of the United States.”

For the most part, President Trump’s proclamation is likely to affect the immediate relatives of U.S. citizens waiting overseas for permission to come to the U.S., including parents, spouses, and siblings. Children, however, are exempt from the rule.

The new rule will NOT apply to:

• Temporary Nonimmigrant visitors, such as those who seek to enter the U.S. as tourists, students, and as temporary workers;
• Immigrants who already have a valid immigrant visa or who are already in the U.S. (pursuant to a valid immigrant visa);
• Immigrants seeking to enter the U.S. pursuant to a Special Immigrant Visa in either the SI or SQ classification, who is also a national of Iraq or Afghanistan, including spouse and children;
• Immigrant children of U.S. citizens who are seeking to enter the U.S. pursuant to approved family-based visa petitions, including orphans and adoptees;
• Immigrants seeking to enter the U.S. pursuant to an IR-5 visa (parents of U.S. citizens);
• Immigrants seeking to enter the U.S. pursuant to an SB-1 visa (returning resident visa);
• Immigrants under the age of 18, except those accompanying a parent who is also immigrating to the U.S.;
• Immigrants whose entry into the U.S. would further important U.S. law enforcement objectives;
• Immigrants whose entry into the U.S. would be in the national interest; or
• Asylees, Refugees, and those applying for Withholding of Removal or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

If you have questions about whether this new Executive Order requiring Immigrants to show proof of health care coverage will apply to you, contact Immigration Lawyer Sean D. Hummel to schedule a consultation (954) 385-3111.

Special Note. The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on the information presented in this blog to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced U.S. Immigration Lawyer.