Latest Biden administration reversal: Immigrant health insurance requirement

The rule would have required immigrants to obtain health insurance within 30 days of arriving in the country.

The rule was struck down by a judge in Oregon in November of 2019, though the Trump administration continued to challenge it in the courts. (Photo: Shutterstock)

In his latest move to expand health care access, President Biden last week announced the roll-back of a Trump-era rule that would have made health insurance a factor for immigrants seeking visas into the country.

According to the proclamation, “My administration is committed to expanding access to quality, affordable health care. We can achieve that objective, however, without barring the entry of noncitizens who seek to immigrate lawfully to this country but who lack significant financial means or have not purchased health insurance coverage from a restrictive list of qualifying plans.”

Related: Deep dive: How health policy is expected play out under the Biden administration

Announced in 2019, the rule would have allowed the government to deny entry to any immigrants if they were not able to obtain health insurance within 30 days of coming to the country. The rule was struck down by a judge in Oregon in November of 2019, though the Trump administration continued to challenge it in the courts.

A similar rule, the “public charge” rule, would have allowed the government to deny green card applications from immigrants if they had sought public assistance through programs such as Medicaid. Enforcement of the rule was halted last July by a New York judge due to the pandemic, and in March, the administration announced it would no longer defend the rule.

As a result of the administration’s changing stance, the departments of Health and Human Services, State and Homeland Security are instructed to review their policies and re-revise any language based on the previous guidance.

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