Portland, Oregon Federal Judge Michael Simon ruled that requiring potential immigrants prove an ability to afford medical insurance would cause irreparable harm, yesterday.
Simon’s 12th-hour decision blocks, at least temporarily, President Donald Trump’s order to bar such immigrants. That proclamation was to have gone into effect today.
Attorneys Karen Tumlin and Esther Sung with the Justice Action Center argued that imposing such requirements would unfairly impact chain-migrated newcomers who comprise approximately 720,000 individuals every year.
Simon, appointed by former President Barack Obama in 2011, wrote, “Facing a likely risk of being separated from family members, and a delay in obtaining a visa to which family members would be entitled, is irreparable harm.”
Trump announced the policy four weeks ago, reasoning that too many immigrants were taking advantage of the United States’ “generous public health programs” at an annual cost of billions to taxpayers.
“Uncompensated health care costs are passed on to the American people in the form of higher taxes, higher premiums, and higher fees for medical services,” Trump said.
The Trump White House responded to this latest rogue Obama judge.
We strongly disagree with the district court’s decision to impose a nationwide injunction against the President’s policy on a preliminary, emergency basis over the weekend without even affording the government an opportunity to provide a written defense. Once again, a nationwide injunction is permitting a single judge to thwart the President’s policy judgment on a matter where Congress expressly gave the President authority. Section 212(f) of the Immigration and Nationality Act plainly states that, “[w]henever the President finds that the entry of any aliens or of any class of aliens would be detrimental to the interests of the United States,” he may “impose on the entry of aliens any restrictions he may deem to be appropriate.” As the Supreme Court held in a recent landmark case, this statute “exudes deference to the President in every clause.” It is wrong and unfair for a single district court judge to thwart the policies that the President determined would best protect the United States healthcare system — and for the United States taxpayers to suffer the grave consequences of the immense strain inflicted on the healthcare system from subsidizing uncompensated care for those seeking admission. The Administration looks forward to the opportunity to make its defense in court, and it will continue to vigorously defend the President’s policies to protect the interests of the American people.