Barring immigrants without health insurance forces immigrants to overcome a restriction on legal immigration Congress never authorized.
The proclamation excludes from the United States new lawful immigrants who cannot show the ability to purchase unsubsidized commercial health insurance within 30 days of entry, unless exceptions apply. It will prevent otherwise eligible immigrants coming in from abroad from being issued visas to enter the U.S. if they lack the financial ability to purchase unsubsidized health insurance.
Here, the president is using the ban, in effect, to increase the income level required of new immigrants without asking Congress to do so. The Immigration and Nationality Act already bars those likely to become a “public charge,” and provides that family-sponsored immigrants must also be supported by a sponsor who can financially support them at 125% of the federal poverty level.
For another, the proclamation directly contradicts certain provisions of both the Immigration and Nationality Act and the Affordable Care Act. If this usage of Section 212 is allowed by the courts, the president could continue to use Section 212 to greatly restrict legal immigration to the United States, even in Congressionally-authorized categories.
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