PRESIDENT EXTENDS LIMITS ON WORK VISAS TO MARCH
Court upholds policy requiring immigrants to have health insurance
President Donald Trump on Thursday extended pandemicrelated bans on green cards and work visas to large groups of applicants through March 31, while a federal appeals court sided with him on a rule that requires new immigrants to have their own health insurance.
The twin developments on the f inal day of 2020 demonstrated how Trump has made U.S. immig ration policy more restrictive without suppor t from Congress. President-elect Joe Biden has promised to undo many of Trump’s actions but it is unclear how quickly or to what extent.
Federal judges have limited the impact of the pandemic-related visa bans, which were set to expire Thursday. Biden, who must now decide whether and when to lift them after taking off ice on Jan. 20, doesn’t specifically address the issue in his immigration platform, nor does he directly address the health-insurance requirement.
In April, Trump i mposed a ban on green cards issued abroad
that largely targets family members of people already i n the United States. After a chilly reception from suppor ters of more restrictive immig ration policies, the administration went much fur ther in June by adding H-1B visas, which are widely used by American and Indian technology company workers and their families; H-2B visas for nonag ricultural seasonal workers; J-1 visas for cultural exchanges; and L -1 visas for managers and other key employees of multinational corporations.
Trump said the measures would protect American jobs in a pandemic-wracked economy, while business groups said they would hamper a recovery.
“The effects of COVID-19 on the United States labor market and on the health of American communities is a matter of ongoing national concern,” Trump’s proclamation read, highlighting the growing number of cases and states’ restrictions on businesses.
The administration’s edict to immediately expel asylum-seekers and others who cross the border illegally from Mexico was justif ied on grounds of containing the coronavirus, though repor ting by various news organizations found that government scientists saw no evidence for it. A temporary ban on nonessential travel across the Mexican and Canadian borders was also instituted.
In October, a federal judge in San Francisco ruled that the work-visa ban could not be enforced against g roups that sued and their members, who represent much of the U.S. economy: the U.S. Chamber of Commerce, the National Association of Manufacturers, the National Retail Federation, technolog y industr y g roup TechNet and Intrax Inc., which manages cultural exchange programs.
In December, a federal judge in Oakland prevented the green-card ban from taking effect against families of 181 U.S. citizens and legal residents who sued.
In its ruling Thursday on the issue of health insurance, a 9th Circuit Court of Appeals panel voted 2-1 to clear the way for Trump’s requirement that immigrants have coverage. New immigrants must demonstrate they can obtain coverage within 30 days and pay their medical expenses. A federal judge blocked the rule from taking effect almost immediately after it was announced in October 2019.
Judge Daniel Collins, a Trump appointee, wrote that the president acted within his authority, relying largely on the Supreme Court’s ruling that upheld Trump’s travel ban on several predominantly Muslim countries. He was joined by Judge Jay Bybee, who was appointed by President George W. Bush.
Judge A. Wallace Tashima, who was appointed by President Bill Clinton, dissented, calling the policy “a major overhaul of this nation’s immigration laws without the input of Congress — a sweeping and unprecedented exercise of unilateral Executive power.”
Esther Sung, an attorney for Justice Action Center, an advocacy group that sued to block the rule, said she was disappointed.
The ruling “makes clear that the Biden administration must move swiftly to rescind all of President Trump’s xenophobic presidential proclamations, including this health care ban,” she said.
The Justice Department did not immediately respond to a message seeking comment.