07 November 2019

TRO Issued for Immigration-related Presidential Proclamation

On October 4, 2019 President Trump issued a Presidential Proclamation suspending entry of prospective immigrants to the United States who will financially burden the United States healthcare system. Under the proclamation foreign nationals would be limited from entering the U.S. on an immigrant visa (as a Legal Permanent Resident or “Green Card” holder) unless the foreign national demonstrated to the satisfaction of a Consular Officer that they will be covered by approved health insurance within 30 days of entry into the United States or the foreign national possesses the financial resources to pay for reasonably foreseeable medical costs. The Proclamation was set to go into effect on November 3, 2019.

As a result of the Presidential Proclamation, a coalition of civil rights organizations filed suit in the U.S. District Court in Portland Oregon. The Plaintiffs argued the Proclamation “would essentially shut down all or most of the country’s immigration system right now,’’ and cause irreparable harm to the plaintiffs and others in their situation.

Judge Michael H. Simon was swayed by the plaintiffs’ arguments and decided that there would be irreparable harm if the Proclamation went into effect. Judge Simon issued 28-day temporary restraining order (TRO) blocking the Proclamation from going into effect for the time being. A hearing is set for November 22, 2019 to determine whether or not a preliminary injunction should be issued.

This is an evolving case and Miller Johnson will be watching for updates.  If you have any questions about the impact of this Presidential Proclamation or the TRO, please contact your Miller Johnson Immigration attorney.