Under the Trump Proclamation 9945 announced in October 2019, immigrant visa applicants had to prove they were covered by approved insurance, such as employer-sponsored plans, unsubsidized plans or family members’ plans, or “possess[ed] the financial resources” to pay for any reasonably foreseeable medical costs before they may granted their immigrant visas or green cards. Trump’s belief was that the cost of immigrant health care would be pushed onto American taxpayers and drive hospitals into insolvency.
The American Immigration Lawyers Association filed a lawsuit against the U.S. Department of Homeland Security, the U.S. Department of State and other federal agencies on behalf of a proposed class of affected individuals and the nonprofit Latino Network, claiming that Trump’s rule was unconstitutional and that the administration sidestepped a notice-and-comment period required under administrative law.
On May 14, 2021, President Biden issued a proclamation lifting former President Donald Trump’s Proclamation 9945 and said his administration can expand access to quality affordable health care without barring the entry of non-citizens who seek to immigrate lawfully but lack the means to pay for health plans. Biden revoked the rule saying that Trump’s policy was at odds with an executive order of his own from February aimed at “restoring faith” in the immigration system.
