Presidential Proclamation on the Suspension of Entry of Immigrants ...

[Randy W]

This whole thing is really stressing out my wife and me.

 

 

 

I can only imagine.

 

Still, I think your best strategy is to just proceed as normal, with only a bare minimal reaction to the policy. Wait and see how it shakes out, or if it even affects you.

[Randy W]

This is all you have to go on at the moment -

 

Sec. 3. Implementation and Enforcement. (a) An alien subject to this proclamation must establish that he or she meets its requirements, to the satisfaction of a consular officer, before the adjudication and issuance of an immigrant visa. The Secretary of State may establish standards and procedures governing such determinations.

[newacct]

ACA is clearly a subsidized plan that even heavily advertises as such. They are always emphasizing how much you are saving through government subsidy each time you go through the annual enrollment process.

Only unsubsidized plans will qualify.

 

 

People getting ACA marketplace plans with incomes between 100% and 400% of the poverty level can get subsidies (premium tax credits). People getting ACA marketplace plans with incomes below 100% or above 400% of poverty level do not get subsidies, so it is not necessarily "a subsidized plan".

[Randy W]

Kevin, you need to just wait and see how it all comes out in the wash. If you are uncomfortable with what you may find yourself committed to when the time comes, perhaps you will need to postpone the interview until you are more comfortable.

Edited October 9, 2019 by Randy W (see edit history)

[Allon]

As I said, a "proclamation" aside (and that is a term in government that went out of official government terminology with Paul Revere), the regulations as written by the bureaucrats that assure policy directives by the "Executive (monkey)" are interpreted and carried out, sure do look like they are real clear and direct, right?

 

And the term "consular officer" has been applied to practically any official of CIS, here or there. An examining official at the border has the right to turn away an immigrant (not without a hearing) for practically anything they wish.

 

But let's be calm here. The regs clearly show "intent" at the time of the issuance in China. And the ACA is not by definition "subsidized." For lower and even middle income families, it can be subsidized. But the term "subsidized" does not apply otherwise. The ACA in such an instance was to supply lower cost health insurance through a wider pool of insured. In that sense, it is not "subsidized" so there is your crack in the law. Obviously, the reg was an attempt to avoid using ACA to fit the policy change, which is to get rid of immigrants and the ACA as well.

 

Hang in there. Deal with it as it comes by preparing as best you can. There are lawyers even in China that can help you defend your "intention" to get health insurance. And I really don't think the attempt to get immigrants out of PPACA will hold up with prior precedent established.

 

An Addendum: there is an exclusion written in the "Proclamation" that makes Medicaid an eclusion to entry. The courts have already upheld that Medicate and Medicaid are not exclusionary -- so Stephen Miller at the WH has his head up his ass again.

 

Here are the highlights of the "Proclamation." (Note the difference between a Proclamation, a Declaration, an Executive Order, a Regulation, and a Resolution.)

 

https://www.whitehouse.gov/presidential-actions/presidential-proclamation-suspension-entry-immigrants-will-financially-burden-united-states-healthcare-system/

[KevinNelson]

Kevin, you need to just wait and see how it all comes out in the wash. If you are uncomfortable with what you may find yourself committed to when the time comes, perhaps you will need to postpone the interview until you are more comfortable.

My stepson is in China. What flexibility is there in China once we get the notice for him to come? Six months? Three months? a year?

[Randy W]

 

Kevin, you need to just wait and see how it all comes out in the wash. If you are uncomfortable with what you may find yourself committed to when the time comes, perhaps you will need to postpone the interview until you are more comfortable.

My stepson is in China. What flexibility is there in China once we get the notice for him to come? Six months? Three months? a year?

 

 

 

They will discard the application after a year of inactivity, but you may do better to simply try to schedule the interview as soon as possible, what with uncertainty and court challenges to the proclamation - it was VERY poorly thought through.

[Greg.D.]

Judge blocks Trump rule requiring prospective immigrants have health insurance

 

WASHINGTON (Reuters) - A federal judge in Oregon on Saturday temporarily blocked a Trump administration proclamation that would have required prospective immigrants to prove they would have U.S. health insurance within 30 days of their arrival or enough money to pay for “reasonably foreseeable medical costs.”

 

Judge Michael Simon in U.S. District Court in Portland, Oregon, granted a 28-day temporary restraining order that prevents the rule from taking effect on Nov. 3. The legal challenge against it will continue.

 

In an 18-page order, Simon said the potential damage to would-be immigrants and their families justified a nationwide block.

 

“Facing a likely risk of being separated from their family members and a delay in obtaining a visa to which family members would otherwise be entitled is irreparable harm,” he wrote.

 

Seven U.S. citizens and an advocacy organization filed a lawsuit to block the rule, arguing it “rewrites our immigration and healthcare laws by Presidential fiat” and could bar hundreds of thousands of prospective immigrants.

 

Prospective immigrants had been scrambling to figure out how to get the necessary coverage, navigating a complex healthcare bureaucracy that has, for the most part, not previously catered to those who are not yet in the country.

 

https://www.reuters.com/article/us-usa-immigration-healthcare/judge-blocks-trump-rule-requiring-prospective-immigrants-have-health-insurance-idUSKBN1XC0K8

[KevinNelson]

Judge blocks Trump rule requiring prospective immigrants have health insurance

 

WASHINGTON (Reuters) - A federal judge in Oregon ...

 

Judge Michael Simon in U.S. District Court in Portland, Oregon, granted a 28-day temporary restraining order that prevents the rule from taking effect on Nov. 3. The legal challenge against it will continue....

 

https://www.reuters.com/article/us-usa-immigration-healthcare/judge-blocks-trump-rule-requiring-prospective-immigrants-have-health-insurance-idUSKBN1XC0K8

 

As I have researched this, all the defendants are Hispanic. There are several organizations with the same name supposedly doing legal work on behalf of the Hispanics.

 

Does anybody know who is doing what? Considering that Chinese are not politically-cherished minorities (as contrasted to those who illegally cross the Mexican boarder or who are either of African-American or native-American descent), I have no idea how this thing will play out. Any additional word?

[Randy W]

64 pages of reading material, and I'm sure more than a few links for you to reference. I'm NOT recommending that you read through this, but here it is -

 

https://www.visajourney.com/forums/topic/720636-new-healthcare-requirements-for-us-immigrants/

 

It seems to boil down to this -

 

I would think getting health insurance is a highest priority for any family member arriving in US. This 30 day rule shouldn't be an issue unless you don't care about the wellbeing of the person you are bringing into US...

 

 

My parents interviewed on 11/19. No Health insurance related questions were asked.

 

 

 

 

The proclamation was never in effect.

 

 

 

And from the White house

 

Presidential Proclamation on Health Care

 

A nationwide temporary restraining order has been issued by the U.S. District Court for the District of Oregon halting implementation of P.P. 9945 Suspension of Entry to Immigrants Who Will Financially Burden the United States Healthcare System. Please monitor this page for updates.

 

 

 

disclaimer - I only looked at pages 63 and 64

Edited November 26, 2019 by Randy W (see edit history)

[KevinNelson]

The suspension on the Presidential Proclamation is for only 28 days. It started November 3rd... That court order expires December 1st. It was "never in effect" only because the court halted the proclamation before November 3rd. Unless we see further court action this week, or on December 1st, we will be on a roller-coaster.

 

I suspect we will see a far more reaching restriction on that declaration this week. But I would like to hear about it happening first, before merely assuming it will happen. Most likely this will be affected by some of the stuff the Supreme Court is looking at right now.

[KevinNelson]

Has there been any updates on this issue to this point? Do people coming into the States right now have to prove they have insurance before their interview?

[Randy W]

See CFL topic New Challenges - http://candleforlove.com/forums/topic/49687-new-challenges/

[Randy W]

See CFL topic New Challenges - http://candleforlove.com/forums/topic/49687-new-challenges/

 

It's unlikely you've got anything to worry about there.

 

Some of the forms have changed (see http://candleforlove.com/forums/topic/49687-new-challenges/?p=643980),but even that is unlikely to affect you, since you've already submitted them.

It's still tied up, with the Trump administration having other distractions to worry about.

The immigration agency informed that the new guidance, taking effect on Feb. 24, applies to all applications and petitions postmarked on or after that day.

 

[newacct]

Has there been any updates on this issue to this point? Do people coming into the States right now have to prove they have insurance before their interview?

The proclamation regarding health insurance is currently blocked by a nationwide injunction.

 

The separate but related public charge rule is in effect, but it doesn't require that you have insurance.