A federal judge temporarily blocked an order from President Donald Trumps administration that made new immigrants prove they have health insurance or are able to afford it, in the latest clash between the judicial and executive branches.
U.S. District Judge Michael Simon, an appointee of President Barack Obama who is married to Rep. Suzanne Bonamici (D-Ore.), ruled that the administration cannot apply the new order for 28 days. Another hearing on the order is slated for Nov. 22.
Simon said he believes the order is against the law. He also said he thinks the way it was issued violated procedures guiding public comments and other requirements of new rules the government institutes.
“Further, Plaintiffs have shown, at least thus far, that they are likely to suffer irreparable harm in the absence of temporary relief, that the balance of hardships tips sharply toward Plaintiffs, and temporary relief is in the public interest,” he wrote in his order, according to The Wall Street Journal.
Trump had issued a presidential proclamation in early October calling for immigrants applying for green cards to prove they can get health insurance within 30 days of entering the country or show they could afford their own medical care.
“Immigrants who enter this country should not further saddle our healthcare system, and subsequently American taxpayers, with higher costs,” the presidential proclamation stated. “Continuing to allow entry into the United States of certain immigrants who lack health insurance or the demonstrated ability to pay for their healthcare would be detrimental to these interests.”
Plaintiffs expressed relief over Simon blocking the rule.
“Were very grateful that the court recognized the need to block the health care ban immediately,” Justice Action Center senior litigator Esther Sung, who made arguments for plaintiffs over the weekend, told The Associated Press. “The ban would separate families and cut two-thirds of green-card-based immigration starting tonight, were the ban not stopped.”
The White House released a statement criticizing the decision.
From @PressSec on latest judicial overreach. “Once again, a nationwide injunction is permitting a single judge to thwart the Presidents policy judgment on a matter where Congress expressly gave the President authority.” pic.twitter.com/akJI3bmOfw