A panel of judges of the Court of Appeals of the 9th Circuit reviewed a rule implemented the year passed by Donald Trump’s governor. The media requires a medical security clearance for immigrants who apply for permanent legal residence (Green Card or Green Card) in the United States.
The standard, issued in October 2020, requires migrants to apply for a visa to enter the country or to seek a residence permit in the middle of a family or work petition, should try to obtain medical care.
The media, without embargo, was released in the November finals by a Portland (Oregon) judge, who dictated a media report that would block the entry into force of the regulation.
The Portland District Judge, Michael Simon, gave an opinion in writing that the standard will not enter into force while a request is being made that imposes its constitutionality introduced by a fin-free organization.
The petition was filed by representatives of the Center for the Action of Justice (JAC), the American Association of Immigration Attorneys (AILA), and the Labor Law Office of Innovation, together with the Office of Attorneys Sidley Austin LLP, who represent -bono.
The petitioners argue that the new rule impedes that cases involving eligible immigrants who obtain the visa and also eliminate or significantly reduce the number of migrants entering the United States with visas granted by their families in order to receive the Green Card.
Relive the rule
Supported by a ruling issued by the Supreme Court of Justice in 2018 on the prohibition of travel to extraneous countries, a panel of judges of the Court of Appeals of the 9th Circuit determined (2-1) that migrants have a significant cost for the país.
The juices conclude that it does not comply with the conclusion that restricting the immigration of persons that medical care providers do not subsidize will have an impact that “serial judgment for the interests” of the country.
Trump said in October, announcing the rule that health insurance requirements will be avoided that immigrants are provided with a “load” for the health care system.
Following the suspension of the rule in November, the Casa Blanca indicated that it was in complete disarray with Simon’s decision to impede that the decree enters into force, declaring that it was “incorrect and unjust” that a judge in a single judicial district would issue a case that frenara a policy at the national level.
Official Arguments
The governing body states that the media is necessary because of the attenuation of medical attention and the contributors “run with cost costs in the payment of medical guests in that the persons who care for medical care or do not have the ability to pay attention.
Although the standards for obtaining the governor’s visa, the required health insurance can be required in an individual manner or proportion by an employer, and can cover a short haul or mayor.
The Medicaid Medical Assistance Government Program does not provide security in this case and an immigrant can obtain a visa if they use the Equal Health Aid Guidance Fund. The federal government pays for its subsidies.
The rule “affects any person who is admitted to the country of residence after the residence permit”, doubles José Guerrero, an immigration lawyer who owns in Miami, Florida. “The standard of living for immigrants. “As far as immigrants are concerned, the new rule is not clear on respect,” he said.