White House Revokes Trump-Era Proclamation Requiring Immigrants to Have Health Care Coverage | Practical Law

White House Revokes Trump-Era Proclamation Requiring Immigrants to Have Health Care Coverage | Practical Law

President Biden issued A Proclamation on Revoking Proclamation 9945, which revokes a 2019 proclamation by President Trump that required immigrants to have health care coverage.

White House Revokes Trump-Era Proclamation Requiring Immigrants to Have Health Care Coverage

by Practical Law Labor & Employment
Published on 18 May 2021USA (National/Federal)
President Biden issued A Proclamation on Revoking Proclamation 9945, which revokes a 2019 proclamation by President Trump that required immigrants to have health care coverage.
On May 14, 2021, the Biden Administration issued A Proclamation on Revoking Proclamation 9945, revoking "Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System, in Order To Protect the Availability of Healthcare Benefits for Americans," a proclamation issued by President Trump on October 4, 2019 which required immigrants to show that they have "approved health insurance" within 30 days of US entry (84 Fed. Reg. 53991 (Oct. 4, 2019); see Legal Update, White House Proclamation Bars Certain Foreign National Immigrants Over Health Insurance). A circuit court of appeals held that the original proclamation was lawful on December 31, 2020 (see Legal Update, White House Proclamation Requiring Foreign Nationals to Have Health Care is Lawful: Ninth Circuit).
President Biden's proclamation states that:
  • Proclamation 9945 does not advance US interests by barring entry of noncitizens who are seeking lawful immigration but do not have:
  • The Secretaries of State, Health and Human Services, and Homeland Security must:
    • review all regulations, policies, guidance, orders, and agency actions developed pursuant to Proclamation 9945; and
    • issue revised guidance consistent with the policy set forth in this proclamation, if appropriate.
In addition, President Biden's proclamation stated that Proclamation 9945's suspension of entry conflicts with the policy of Executive Order 14012, "Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans." President Biden noted his administration's commitment to the expansion of affordable access to quality health care, but not by the method imposed in President Trump's proclamation (for example, see Practice Note, COBRA Premium Assistance Under ARPA-21).
For information about how a foreign national seeking entry or admission to the US shows they are not likely to become a public charge in the US, see Practice Note, Assessing A Foreign National's Financial Solvency: 2019 Changes to the Public Charge Ground of Inadmissibility: Statutory Ground of Inadmissibility.