• Insights

Ninth Circuit Upholds Injunction Against Health Insurance Requirement for Immigrant Visa Applicants

May 4, 2020

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • The Ninth Circuit Court of Appeals has upheld a nationwide preliminary injunction that prohibits the Trump Administration from enforcing a presidential proclamation requiring immigrant visa applicants to demonstrate that they would have unsubsidized health insurance within 30 days of entry to the United States or sufficient funds to cover reasonably foreseeable medical expenses.
  • The injunction will remain in place while a federal district court lawsuit against the proclamation continues.  
  • The Trump Administration is expected to appeal the Ninth Circuit ruling.

The issue

The U.S. Court of Appeals for the Ninth Circuit has upheld a preliminary injunction against a presidential proclamation that seeks to require immigrant visa applicants to demonstrate that that they would have unsubsidized health insurance within 30 days after entry to the United States or sufficient funds to cover reasonably foreseeable medical expenses. The case is Doe v. Trump.

The proclamation, which was slated to take effect on November 3, 2019, would have applied to most foreign nationals applying for immigrant visas on or after the effective date — including family-based, employment-based and Diversity Lottery immigrant visa applicants. The proclamation declared that, without such a health insurance requirement, immigrants would pose an undue financial burden on the U.S. healthcare system. A lawsuit was filed to challenge the requirement and in November 2019, the U.S. District Court for the District of Oregon temporarily blocked the proclamation.

In upholding the district court injunction, the Ninth Circuit ruled that the president’s authority to restrict the entry of foreign nationals to the United States on purely long-term economic grounds is not limitless. The court also ruled that the proclamation likely conflicts with other federal laws, including the Affordable Care Act, the Violence Against Women Act, and the public charge provision of the Immigration and Nationality Act.

The Trump Administration is expected to appeal the Ninth Circuit ruling to the Supreme Court. Meanwhile, the federal district court lawsuit against the proclamation continues.

What this means for employers and foreign nationals

The preliminary injunction against the health insurance proclamation will remain in place for now, though its immediate impact is limited because immigrant visa issuance at U.S. consulates is largely suspended due to the COVID-19 emergency.

However, one of the key issues addressed in the ruling – the President’s authority to restrict the entry of foreign nationals for long-term economic reasons – is likely to be raised in lawsuits related to other presidential actions. For example, it could arise in a challenge to President Trump’s latest proclamation temporarily barring the entry of immigrants as a means to protect the U.S. labor market from the impact of the economic consequences of the COVID-19 pandemic. In that proclamation, the President also ordered the Departments of Homeland Security and Labor to study the economic impact of U.S. nonimmigrant visas and recommend measures to "stimulate the U.S. economy and ensure the prioritization, hiring and employment of United States workers."

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more

Video

2026 Regional Immigration Overviews | #MobilityMinute

Partner Catherine Macris highlights key findings from Fragomen’s 2026 regional immigration overviews, including tighter compliance controls, digital border transformation and emerging pathways for global talent.

Learn more

Media mentions

Gazeta Prawna: Unijny parasol nad pracownikami z Ukrainy rozpięty do 2028 r. Polscy pracodawcy mogą spać spokojnie, ale czas ucieka

Partner Karolina Schiffter discusses how the EU's extension of temporary protection for Ukrainian citizens through 2028 will affect employers in Poland.

Learn more

Fragomen news

Fragomen's Immigration Guide for the UK Tech Sector

Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.

Learn more

Blog post

The J-1 Research Scholar Visa: An Underutilized Pathway for Employers to Retain Global Research Talent

Center for Strategy and Applied Insights Senior Director Leah Rogal examines how employers can use the J-1 Research Scholar visa to retain eligible global research talent, support long-term research initiatives and strengthen workforce and immigration planning.

Learn more

Blog post

Twenty Years Forward: What the Middle East Reveals About the Future of Global Mobility

In this blog, Middle East and Africa Private Client Practice Director Nofi Mojidi-Bayna explores how evolving residency frameworks across the region are reshaping long-term mobility planning and examines the three global forces transforming immigration strategy for businesses, investors and internationally mobile families.

Learn more

Blog post

UK Launches Visa Fees Reimbursement Scheme for Scale Ups Hiring Global Talent

In this blog, Associate Halil Kaya outlines the UK Visa Fees Reimbursement Scheme for Scale Ups, including eligibility requirements, available funding and key considerations for high-growth businesses recruiting international talent.

Learn more

Media mentions

The PIE: Canada Fraud Case Exposes “Acute” Sector Integrity Issues

Partner Jack Kim discusses how fraud has shaped Canada's international student reforms and ongoing integrity efforts.

Learn more

Blog post

Skilled Worker Salary Changes: What Employers Need to Know

In this blog, Senior Associate Charlotte Roberts explains what these changes mean for employers, why salary discounts may no longer be a reliable long-term strategy and how early workforce planning can help businesses continue to access international talent while managing compliance and costs.

Learn more

Media mentions

Markt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro

Senior Associate Isabel Schnitzler outlines the key compliance considerations for employers with employees working across the EU.

Learn more

Podcast

Reality Check Pt. 3: Immigration Law in Pop Culture

Associates Julia Manacher and Stephanie Weaver examine immigration issues emerging in a popular reality television series, including K-1 visa denials, consular non-reviewability, fraud findings and changing adjudication policies.

Learn more

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more

Video

2026 Regional Immigration Overviews | #MobilityMinute

Partner Catherine Macris highlights key findings from Fragomen’s 2026 regional immigration overviews, including tighter compliance controls, digital border transformation and emerging pathways for global talent.

Learn more

Media mentions

Gazeta Prawna: Unijny parasol nad pracownikami z Ukrainy rozpięty do 2028 r. Polscy pracodawcy mogą spać spokojnie, ale czas ucieka

Partner Karolina Schiffter discusses how the EU's extension of temporary protection for Ukrainian citizens through 2028 will affect employers in Poland.

Learn more

Fragomen news

Fragomen's Immigration Guide for the UK Tech Sector

Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.

Learn more

Blog post

The J-1 Research Scholar Visa: An Underutilized Pathway for Employers to Retain Global Research Talent

Center for Strategy and Applied Insights Senior Director Leah Rogal examines how employers can use the J-1 Research Scholar visa to retain eligible global research talent, support long-term research initiatives and strengthen workforce and immigration planning.

Learn more

Blog post

Twenty Years Forward: What the Middle East Reveals About the Future of Global Mobility

In this blog, Middle East and Africa Private Client Practice Director Nofi Mojidi-Bayna explores how evolving residency frameworks across the region are reshaping long-term mobility planning and examines the three global forces transforming immigration strategy for businesses, investors and internationally mobile families.

Learn more

Blog post

UK Launches Visa Fees Reimbursement Scheme for Scale Ups Hiring Global Talent

In this blog, Associate Halil Kaya outlines the UK Visa Fees Reimbursement Scheme for Scale Ups, including eligibility requirements, available funding and key considerations for high-growth businesses recruiting international talent.

Learn more

Media mentions

The PIE: Canada Fraud Case Exposes “Acute” Sector Integrity Issues

Partner Jack Kim discusses how fraud has shaped Canada's international student reforms and ongoing integrity efforts.

Learn more

Blog post

Skilled Worker Salary Changes: What Employers Need to Know

In this blog, Senior Associate Charlotte Roberts explains what these changes mean for employers, why salary discounts may no longer be a reliable long-term strategy and how early workforce planning can help businesses continue to access international talent while managing compliance and costs.

Learn more

Media mentions

Markt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro

Senior Associate Isabel Schnitzler outlines the key compliance considerations for employers with employees working across the EU.

Learn more

Podcast

Reality Check Pt. 3: Immigration Law in Pop Culture

Associates Julia Manacher and Stephanie Weaver examine immigration issues emerging in a popular reality television series, including K-1 visa denials, consular non-reviewability, fraud findings and changing adjudication policies.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
July 21, 2026 | ThailandThailand: Mandatory Online Work Permit and Foreign Worker Registration System Forthcoming
July 22, 2026 | United StatesBusiness Insider: 3 Lawyers React to Trump's New Limits on Student Visas
July 22, 2026 | CanadaCanada: Ontario Immigrant Nominee Program Redesign; Phase 1 Launches Workforce Priority Stream
July 21, 2026 | PolandGazeta Prawna: Unijny parasol nad pracownikami z Ukrainy rozpięty do 2028 r. Polscy pracodawcy mogą spać spokojnie, ale czas ucieka
July 21, 2026 | 🌐Minimum Salary Changes Announced
July 21, 2026 | ThailandThailand: Mandatory Online Work Permit and Foreign Worker Registration System Forthcoming
July 22, 2026 | United StatesBusiness Insider: 3 Lawyers React to Trump's New Limits on Student Visas
July 22, 2026 | CanadaCanada: Ontario Immigrant Nominee Program Redesign; Phase 1 Launches Workforce Priority Stream
July 21, 2026 | PolandGazeta Prawna: Unijny parasol nad pracownikami z Ukrainy rozpięty do 2028 r. Polscy pracodawcy mogą spać spokojnie, ale czas ucieka
July 21, 2026 | 🌐Minimum Salary Changes Announced
July 21, 2026 | ThailandThailand: Mandatory Online Work Permit and Foreign Worker Registration System Forthcoming
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.