Federal Court Blocks Health Insurance Requirement for Immigrant Visa Applicants
November 4, 2019

At a glance
- A federal district court has temporarily blocked the enforcement of a presidential proclamation that would require immigrant visa applicants to demonstrate 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.
- Later this month, the court will consider whether to continue to block the proclamation and issue a preliminary injunction while a lawsuit challenging the proclamation goes forward.
The issue
An Oregon federal court has issued a temporary restraining order (TRO) blocking the Trump Administration from requiring immigrant visa applicants to show that they will have unsubsidized health insurance within 30 days after entry to the United States or the financial means to cover reasonably foreseeable medical expenses.
President Trump issued a proclamation imposing the health insurance requirement in early October and it was to take effect on November 3. It 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. It did not apply to nonimmigrant visa applicants or applicants for adjustment of status to permanent residence.
A lawsuit was filed against the proclamation last week in the US District Court for the District of Oregon. The case is Doe v. Trump.
In issuing the TRO, federal district judge Michael H. Simon found that the plaintiffs showed a likelihood of success on the merits or at least raised serious questions concerning whether the proclamation conflicts with existing immigration statutes. The court also found that the plaintiffs were likely to succeed in their claim that the Administration’s emergency request for approval of a health insurance coverage form violated procedural requirements.
What the TRO means for foreign nationals
The court order means that, until further notice, foreign nationals will not be subject to the proclamation when applying for immigrant visas. The TRO will remain in effect for up to 28 days while the court considers whether to issue a preliminary injunction that would block enforcement of the proclamation during the lawsuit.
Fragomen is closely following the lawsuit and will provide updates as developments occur.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
Explore more at Fragomen
Media mentions
Manager Pierangelo D’Errico discusses how recent changes to Italy’s citizenship rules are affecting applicants with Italian ancestry.
Podcast
Director Laxmi Limbani discusses how women are shaping the global space sector, the barriers they face and what is needed to support a more inclusive space workforce.
Media mentions
Senior Manager William Diaz outlines how immigration changes in the US and UK may affect workforce planning and mobility for the games industry in 2026.
Media mentions
Partner Julia Onslow-Cole highlights how global mobility is becoming a strategic, board-level consideration requiring careful planning, compliance and workforce management.
Video
Director Fatima Aydin outlines Ireland’s roadmap for increasing minimum annual remuneration salary thresholds and the implications for employer workforce planning and compliance.
Video
In this episode of the Fragomen FC, Partner Rick Lamanna, Senior Manager Jake Paul Minster, Manager Gustavo Kanashiro and Manager Sergio Flores discuss how immigration systems across the Americas shape football mobility, compliance and cross-border movement throughout South America.
Blog post
Senior Associate Ruben Fiedler outlines the new employer information obligation under Section 45c of the German Residence Act, explaining when it applies, what employers must provide to third-country nationals recruited from abroad and the practical steps needed to ensure compliance from 1 January 2026.
Podcast
Partners Cosmina Morariu and Rahul Soni examine how immigration and global mobility trends are influencing workforce strategy across the luxury sector.
Blog post
UK Government Affairs Strategy Director Shuyeb Muquit compares the EU’s new Visa Strategy with the UK’s post-Brexit immigration system and assesses what the UK can learn to remain competitive for global talent.
Media mentions
Partner Karolina Schiffter highlights that new electronic signature rules may delay work permit procedures for foreign workers in Poland.
Blog post
Senior US Consular Manager Brian L. Simmons outlines how evolving US visitor visa rules, travel bans and new financial requirements may affect attendance at the 2026 FIFA World Cup and how early fans must prepare.
Video
In this video, Brazil Managing Partner Diana Quintas explains the statutory director visa, outlining who qualifies, key compliance considerations and what employers and directors should consider when planning appointments or changes to board leadership.
Media mentions
Manager Pierangelo D’Errico discusses how recent changes to Italy’s citizenship rules are affecting applicants with Italian ancestry.
Podcast
Director Laxmi Limbani discusses how women are shaping the global space sector, the barriers they face and what is needed to support a more inclusive space workforce.
Media mentions
Senior Manager William Diaz outlines how immigration changes in the US and UK may affect workforce planning and mobility for the games industry in 2026.
Media mentions
Partner Julia Onslow-Cole highlights how global mobility is becoming a strategic, board-level consideration requiring careful planning, compliance and workforce management.
Video
Director Fatima Aydin outlines Ireland’s roadmap for increasing minimum annual remuneration salary thresholds and the implications for employer workforce planning and compliance.
Video
In this episode of the Fragomen FC, Partner Rick Lamanna, Senior Manager Jake Paul Minster, Manager Gustavo Kanashiro and Manager Sergio Flores discuss how immigration systems across the Americas shape football mobility, compliance and cross-border movement throughout South America.
Blog post
Senior Associate Ruben Fiedler outlines the new employer information obligation under Section 45c of the German Residence Act, explaining when it applies, what employers must provide to third-country nationals recruited from abroad and the practical steps needed to ensure compliance from 1 January 2026.
Podcast
Partners Cosmina Morariu and Rahul Soni examine how immigration and global mobility trends are influencing workforce strategy across the luxury sector.
Blog post
UK Government Affairs Strategy Director Shuyeb Muquit compares the EU’s new Visa Strategy with the UK’s post-Brexit immigration system and assesses what the UK can learn to remain competitive for global talent.
Media mentions
Partner Karolina Schiffter highlights that new electronic signature rules may delay work permit procedures for foreign workers in Poland.
Blog post
Senior US Consular Manager Brian L. Simmons outlines how evolving US visitor visa rules, travel bans and new financial requirements may affect attendance at the 2026 FIFA World Cup and how early fans must prepare.
Video
In this video, Brazil Managing Partner Diana Quintas explains the statutory director visa, outlining who qualifies, key compliance considerations and what employers and directors should consider when planning appointments or changes to board leadership.
