Update:  Immigrants and Health Insurance (12/12/2019)

A Federal judge has issued a preliminary injunction blocking implementation of the rule requiring overseas applicants to prove they have health insurance coverage prior to immigrant visa approval.  This November 22 action suspends application of the requirement while a lawsuit challenging the constitutionality of the rule is going forward.  That suit is likely to continue for months, if not longer.

The rule, pursuant to an October 4 Presidential Proclamation, was at first posted on U.S. Department of State (DOS) consulate and embassy web sites.  On November 2 the judge’s Temporary Restraining Order (TRO) blocked implementation on an emergency basis while he considered whether to issue the more substantial temporary injunction.  The rule disappeared from DOS sites, and the recent injunction means it will not reappear in the near future.  However, consular officials have wide discretion in approving or denying visa applications, and a request to provide proof of health insurance remains legal on a case-by-case basis. 

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On October 4 a Presidential Proclamation mandated that the Department of State (DOS) confirm health insurance coverage prior to immigrant visa approval.  On November 2 a Federal Judge blocked implementation.  On November 22, another hearing will take place.  How serious a problem is this for immigrant visa applicants?  Let’s take a more detailed look.

The original proclamation applies to many, if not most, applicants for immigrant visas via consular process.  It requires that they show the consular official proof of coverage under an approved health insurance policy within 30 days of entry to the U.S. “Approved health insurance” does not include subsidized policies purchased through the marketplace or Medicaid.

The November 2 action was a Temporary Restraining Order (TRO), which establishes a 28-day freeze on implementation.  At the November 22 hearing the judge will decide whether to issue a “preliminary injunction,” a bar to implementation that will continue while the issue is being litigated in the court.  That is liable to take months.   

Despite the TRO, immigrant visa applicants should bring substantial evidence to their interviews showing they will be able to support themselves in the U.S., even in case of serious illness.