Recently, President Trump announced a new immigration policy requiring people who legally immigrated to the U.S. to demonstrate that they won’t be a burden for the country’s health care system. Immigrants would be required to get private health insurance within 30 days of arriving in America. If they cannot fulfill this requirement, immigrants must provide proof that they can self-insure their health costs.
However, some executive agencies have voiced concern and confusion about the policy and the details about implementing it.
For example, the notice-and-comment requirements for regulatory rulemaking have been said to not apply to this policy. However, officials from the Center for Consumer Information and Insurance Oversight believe that excepting the policy from the regulatory notice-and-comment requirements may be illegal, exposing the government to future legal action.
Significantly, the Trump Administration’s new policy would preclude access to Obamacare subsidies for immigrants, pushing them to use alternatives, such as short-term plans with narrower coverage. However, those options would not be shown on the HealthCare.gov website because the website cannot directly link to them, according to officials from the U.S. Department of Health and Human Services (HHS).
Other White House Immigration Policies
One of the most unfortunate aspects of U.S. immigration policies and regulations is that it is subject to the whims of the political party that occupies the Oval Office. As a result, relying on a legally compliant path for immigrating to the U.S. becomes a gamble. Because the legal process of immigrating to the U.S. can take several years, emigrating hopefuls are on edge during an election year, uncertain about whether their path for entering the country will be legal or not.
The Trump Administration’s immigration agenda has a history of disrupting HHS operations. For example, the decision to separate migrant children from their families and put them in custody of HHS resulted in legal action and is under continued congressional investigation today. Consequently, the trauma of the separation has led to various health care harms, said inspector general for HHS.
This new health insurance policy is in-line with another White House order to deny Lawful Permanent Resident (LPR) status to immigrants who have received benefits from government insurance programs like Medicaid or those who it considers likely to be a “public charge” in the future. However, federal courts have stayed this order, holding that the White House went beyond its legal authority by also expanding the criteria for determining who qualifies as a “public charge.”
Get Legal Advice and Representation at Guerra Sáenz, PL
Immigrating to the U.S. is a convoluted, confusing, and stressful process. That’s why you should consult an experienced attorney from Guerra Sáenz, PL, to guide you through the legal process of immigration. As immigrants who successfully came to the U.S., we have the personal and professional experience to understand and appreciate the gravity of the legal issues you are facing.
Please call us at (888) 936-3228 or contact our office online to arrange for an initial consultation about your legal issues.