Important Updates
Important Updates
November 7, 2025 | 🌐Minimum Salary Changes Announced
November 7, 2025 | Canada Canada: New Measures Prioritize Graduate and Doctoral Student Recruitment
November 7, 2025 | CanadaCanada: Ontario Implements Key Reforms to the Immigrant Nominee Program
November 7, 2025 | CanadaCanada: Quebec’s 2026–2029 Immigration Plan Announced, with Key Program Measures and Updates
November 7, 2025 | Mexico, PeruMexico/Peru: Suspension of Diplomatic Ties May Affect Immigration Processing
November 7, 2025 | 🌐Minimum Salary Changes Announced
November 7, 2025 | Canada Canada: New Measures Prioritize Graduate and Doctoral Student Recruitment
November 7, 2025 | CanadaCanada: Ontario Implements Key Reforms to the Immigrant Nominee Program
November 7, 2025 | CanadaCanada: Quebec’s 2026–2029 Immigration Plan Announced, with Key Program Measures and Updates
November 7, 2025 | Mexico, PeruMexico/Peru: Suspension of Diplomatic Ties May Affect Immigration Processing
November 7, 2025 | 🌐Minimum Salary Changes Announced
Subscribe
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
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration 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

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • 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
  • 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

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in the United States" by The Best Lawyers

Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.

Learn more

Awards

Fragomen Wins Altair Global’s 2025 Super Star Award for Humanitarian Commitment

Fragomen receives Altair Global’s 2025 Super Star Award for Humanitarian Commitment, honoring the firm’s leadership in advancing humanitarian mobility initiatives.

Learn more

Media mentions

The Toronto Star: Canada will reduce international student permits by more than half, budget reveals

Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.

Learn more

Fragomen news

2025年10月 アメリカ移民法ダイジェスト Learn more

Fragomen news

Fragomen Cited in House of Lords Report on the Future of the UK Space Economy

Fragomen is cited in the UK House of Lords’ landmark report, “The Space Economy: Act Now or Lose Out,” published on 4 November by the UK Engagement with Space Committee.

Learn more

Blog post

Georgia Immigration Reform 2025: New Work Permit Rules for Foreign Nationals

Manager Zaur Gasimov discusses Georgia’s new immigration and labour-migration reforms introducing mandatory work permits, stricter employer compliance requirements and increased penalties for non-compliance.

Learn more

Awards

Senior Associate Agata Richardson Honored with Casa Cornelia Law Center Pro Bono Publico Award

Senior Associate Agata Danuta Richardson is recognized with a prestigious Pro Bono Publico Award by the Casa Cornelia Law Center.

Learn more

Media mentions

European Security & Technology Magazine: Die kritische Wachstumsbremse der europäischen Verteidigungsindustrie

Frankfurt Managing Partner Dr. Axel Boysen highlights the growing skilled labor gap as Europe’s defense industry expands.

Learn more

Media mentions

Games Industry: US H-1B Visas: Alternatives to a $100,000 Fee

Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.

Learn more

Media mentions

People Management: How Will EU Travel Rule Changes Impact Employers?

Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.

Learn more

Media mentions

Arts Professional: How Easy Is It for Overseas Creatives to Work in the UK?

Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.

Learn more

Blog post

Claiming British Citizenship Through Ancestral Lineage: Who Is Eligible?

Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.

Learn more

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in the United States" by The Best Lawyers

Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.

Learn more

Awards

Fragomen Wins Altair Global’s 2025 Super Star Award for Humanitarian Commitment

Fragomen receives Altair Global’s 2025 Super Star Award for Humanitarian Commitment, honoring the firm’s leadership in advancing humanitarian mobility initiatives.

Learn more

Media mentions

The Toronto Star: Canada will reduce international student permits by more than half, budget reveals

Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.

Learn more

Fragomen news

2025年10月 アメリカ移民法ダイジェスト Learn more

Fragomen news

Fragomen Cited in House of Lords Report on the Future of the UK Space Economy

Fragomen is cited in the UK House of Lords’ landmark report, “The Space Economy: Act Now or Lose Out,” published on 4 November by the UK Engagement with Space Committee.

Learn more

Blog post

Georgia Immigration Reform 2025: New Work Permit Rules for Foreign Nationals

Manager Zaur Gasimov discusses Georgia’s new immigration and labour-migration reforms introducing mandatory work permits, stricter employer compliance requirements and increased penalties for non-compliance.

Learn more

Awards

Senior Associate Agata Richardson Honored with Casa Cornelia Law Center Pro Bono Publico Award

Senior Associate Agata Danuta Richardson is recognized with a prestigious Pro Bono Publico Award by the Casa Cornelia Law Center.

Learn more

Media mentions

European Security & Technology Magazine: Die kritische Wachstumsbremse der europäischen Verteidigungsindustrie

Frankfurt Managing Partner Dr. Axel Boysen highlights the growing skilled labor gap as Europe’s defense industry expands.

Learn more

Media mentions

Games Industry: US H-1B Visas: Alternatives to a $100,000 Fee

Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.

Learn more

Media mentions

People Management: How Will EU Travel Rule Changes Impact Employers?

Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.

Learn more

Media mentions

Arts Professional: How Easy Is It for Overseas Creatives to Work in the UK?

Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.

Learn more

Blog post

Claiming British Citizenship Through Ancestral Lineage: Who Is Eligible?

Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.

Learn more

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
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

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

© 2025 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.