Filed: February 6, 2020
Court: Ninth Circuit Court of Appeals
Overview: This brief supports the preliminary injunction of the Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System as discriminatory against people with disabilities. The brief argues that the Proclamation attempts to replace the multi-factor public charge test provided by Congress with a single-factor test based exclusively on whether a visa applicant has “approved” health insurance to determine if they will be a “financial burden.”
Excerpt: “The Proclamation would re-impose these discriminatory barriers, requiring immigrants to provide proof of health insurance coverage through ‘approved’ plans that are not accessible for most people with disabilities due to medical underwriting, pre-existing condition exclusions, and other requirements. The purported goal of the Proclamation is to reduce the costs of uncompensated care, yet it excludes health insurance options available to individuals with disabilities that have been shown to reduce these costs, including subsidized Affordable Care Act (“ACA”) marketplace health plans and Medicaid. The Proclamation thus acts as a de facto bar to entry for immigrants with disabilities without any rational link to its alleged purpose.”
Status: The Ninth Circuit denied the federal government’s request for a stay pending appeal of the preliminary nationwide injunction.