Portland, OR – In an amicus brief filed today, the National Health Law Program urges the full Ninth Circuit Court of Appeals to reconsider a case concerning immigration and insurance coverage.
The case, Doe v.Trump, stems from a 2019 proclamation issued by former President Trump, which barred entry to immigrants unless they proved that they had “approved” health insurance or enough money to pay for their foreseeable health care costs. The proclamation directed immigrants towards short-term “junk” plans and away from Medicaid and subsidized Marketplace plans that Congress intended them to have.
“The proclamation advanced two of the past administration’s most callous goals: reducing immigration and attacking the Affordable Care Act and Medicaid program. The proclamation ignored Congress’s wishes and instead directed immigrants towards the short-term junk plans that the former President promoted,” said Sarah Grusin, staff attorney at the National Health Law Program. “It is our view that the 9th Circuit panel ruled incorrectly, and because of the national importance of this case, the entire Circuit should reconsider the case. Our amicus argues that Congress wanted newly arrived immigrants to have comprehensive coverage and made it available to them through the ACA’s Marketplace and Medicaid. The court should not allow presidents to use their vast power over U.S. foreign policy to regulate domestic health care policy.”