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Doe v. Trump

United States Court of Appeals for the Ninth Circuit

May 4, 2020, Filed

No. 19-36020


 [*1056]  ORDER

THOMAS, Chief Judge:

In this case, we consider the government's motion to stay the district court's preliminary injunction enjoining a Presidential Proclamation restricting family-sponsored immigrants from entering the United States without acquiring specified health insurance. We deny the motion. We direct the Clerk of Court to expedite the appeal.

] The Immigration and Nationality Act ("INA"), Pub. L. No. 82-414, 66 Stat. 163 (1952), allows noncitizens to apply for an immigrant visa to permit them to permanently reside in the United States. 8 U.S.C. §§ 1101(a)(15), 1181(a), 1182(a)(7), 1201(a). Before an individual may apply for an immigrant visa, a prospective employer or a family member who is a United States citizen or lawful permanent resident must file a sponsorship petition on behalf of the individual. Id. §§ 1151(a)-(b), 1153. The petition is submitted to and approved by U.S. Citizenship and Immigration Services, which forwards the approved petition to the National Visa Center. See id. § 1201. The immigrant must then complete visa processing and schedule an in-person interview before a consular officer [**12]  at a U.S. embassy or consulate. See id. § 1202(a), (e); 22 C.F.R. § 42.62. The consular officer then makes a determination to issue or refuse the visa application. See 8 U.S.C. § 1201(a)(1), (g); 22 C.F.R. §§ 42.71, 42.81(a). If an immigrant falls into one of the ten categories enumerated in 8 U.S.C. § 1182(a), they are deemed ineligible for a visa and ineligible for admission into the United States. Currently, insured status is not one of the criteria for eligibility. See 8 U.S.C. § 1182(a).

On October 4, 2019, the President issued the Proclamation in dispute, Proclamation No. 9945, entitled Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System, in Order to Protect the Availability of Healthcare Benefits for Americans, 84 Fed. Reg. 53,991. The Proclamation identified the perceived problem of uncompensated medical expenses in the United States, stating, without citation to any  [*1057]  source, "data show that lawful immigrants are about three times more likely than United States citizens to lack health insurance." To address this issue, the Proclamation barred, with some exceptions, individuals seeking to enter the United States on an immigrant visa from entering the United States unless they could demonstrate that they will be covered by certain approved health insurance within 30 days of entry or that they have the resources to cover foreseeable healthcare costs. Id. at 53,992.

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957 F.3d 1050 *; 2020 U.S. App. LEXIS 14169 **

JOHN DOE #1; JUAN RAMON MORALES; JANE DOE, # 2; IRIS ANGELINA CASTRO; BLAKE DOE; BRENDA VILLARRUEL; LATINO NETWORK; JANE DOE, # 3; GABINO SORIANO CASTELLANOS, Plaintiffs-Appellees, v. DONALD J. TRUMP, in his official capacity as President of the United States; U.S. DEPARTMENT OF HOMELAND SECURITY; CHAD F. WOLF, Secretary, U.S. Department of Homeland Security; U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES; ALEX M. AZAR II, Secretary of Health and Human Services; U.S. DEPARTMENT OF STATE; MICHAEL POMPEO, Secretary of State, in his official capacity; UNITED STATES OF AMERICA, Defendants-Appellants.

Subsequent History: As Corrected May 4, 2020.

Prior History:  [**1] D.C. No. 3:19-cv-01743-SI.

Doe v. Trump, 418 F. Supp. 3d 573, 2019 U.S. Dist. LEXIS 205080 (D. Or., Nov. 26, 2019)

Disposition: MOTION DENIED.


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Immigration Law, Types of Immigrants, Civil Procedure, Appeals, Standards of Review, Abuse of Discretion, Remedies, Injunctions, Preliminary & Temporary Injunctions, Entry of Judgments, Stays of Judgments, Appellate Stays, Grounds for Injunctions, Irreparable Harm, Evidence, Burdens of Proof, Allocation, Civil Rights Law, Criminal Interference With Civil Rights, Domestic Violence, Violence Against Women Act, Constitutional Law, Separation of Powers, The Presidency, Healthcare Law, Payment Systems, Insurance Coverage, Health Insurance, Inadmissibility, Grounds for Inadmissibility, Public Charge, Miscellaneous Grounds, Governments, Legislation, Interpretation, Injunctions, Special Proceedings, Class Actions, Remedies