President Trump has issued a proclamation blocking the admission of individuals applying for immigrant visas who are unable to demonstrate that they will be able to get health insurance within 30 days of entering the US. The order takes effect November 3rd and applicants receiving an immigrant visa after that date will need to demonstrate before issuance of the visa that upon entry, they’ll have insurance in place within a month. For those issued immigrant visas before that date, but entering after that date, they are not covered by the proclamation.
Under the executive action, approved health insurance means coverage under any of the following plans or programs:
i. an employer-sponsored plan, including a retiree plan, association health plan, and coverage provided by the Consolidated Omnibus Budget Reconciliation Act of 1985;
ii. an unsubsidized health plan offered in the individual market within a State;
iii. a short-term limited duration health policy effective for a minimum of 364 days — or until the beginning of planned, extended travel outside the United States;
iv. a catastrophic plan;
v. a family member’s plan;
vi. a medical plan under chapter 55 of title 10, United States Code, including coverage under the TRICARE program;
vii. a visitor health insurance plan that provides adequate coverage for medical care for a minimum of 364 days — or until the beginning of planned, extended travel outside the United States;
viii. a medical plan under the Medicare program; or
ix. any other health plan that provides adequate coverage for medical care as determined by the Secretary of Health and Human Services or his designee.
Medicaid is not considered acceptable for those over 18.
The Trump Administration is basing the action on Section 212(f) of the Immigration and Nationality Act which permits the President to bar the entry of people deemed to be detrimental to the interests of the United States. This is the section of the law used to justify the travel ban. Critics are already arguing that extending this provision beyond physical security issues is impermissible and a court challenge is expected soon.