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Trump Suffers Another Court Loss As A Federal Judge Blocks Rule Requiring Migrants Have Health Insurance

The Trump Administration has been working hard to limit who can and cannot come to the United States as a migrant. From policies that force migrants to ‘remain in Mexico’ while their claims are processed to separating families and locking them away, Trump has proved that cruelty is the point of his immigration policies.

The government, under Trump, has been moving to severely limit immigration to the US and a rule requiring immigrants secure health insurance within 30 days of arrival was one such rule that flew in the face of traditional American immigration policy.

A federal judge has, at least temporarily, blocked Trump’s xenophobic policy from taking hold.

A federal judge in Portland, Oregon, has put on hold a Trump administration rule requiring immigrants to prove they will have health insurance or can pay for medical care before they can get visas.

US district judge Michael Simon granted a temporary restraining order that prevented the rule from going into effect Sunday. It was not clear when he would rule on the merits of the case.

Seven US citizens and a non-profit organization filed the federal lawsuit on Wednesday, contending the rule would block nearly two-thirds of all prospective legal immigrants. The lawsuit also said the rule would greatly reduce or eliminate the number of immigrants who enter the US with family sponsored visas.

“We’re very grateful that the court recognized the need to block the healthcare ban immediately,” said Justice Action Center senior litigator Esther Sung, who argued at a hearing on Saturday on behalf of the plaintiffs.

“The ban would separate families and cut two-thirds of green-card-based immigration starting tonight, were the ban not stopped.”

The legal decision protects migrants from the anti-American rule change.

Judge Simon said the potential damage to families justified a US-wide ban. 

“Facing a likely risk of being separated from their family members and a delay in obtaining a visa to which family members would otherwise be entitled is irreparable harm,” his legal order read.

Would-be immigrants had been struggling to establish how to get the required insurance coverage. The US healthcare system is complex, and has not generally catered to people yet to arrive there.

Trump’s proposed rule would of placed an undue burden on already marginalized groups.

The proclamation signed by Donald Trump in early October applies to people seeking immigrant visas from abroad, not those in the US already. It does not affect lawful permanent residents. It does not apply to asylum seekers, refugees or children.

The proclamation says immigrants will be barred from entering the US unless they are to be covered by health insurance within 30 days of entering or have enough financial resources to pay for any medical costs.

It is the Trump administration’s latest effort to limit immigrant access to public programs while trying to move the US away from a family based immigration system to a merit-based system.

The White House said in a statement when the proclamation was issued that too many non-citizens were taking advantage of the country’s “generous public health programs” and said immigrants contribute to the problem of “uncompensated healthcare costs”.

Under the government’s visa rule, the required insurance can be bought individually or provided by an employer and it can be short-term coverage or catastrophic. Medicaid doesn’t count, and an immigrant cannot get a visa if using the Affordable Care Act’s subsidies when buying insurance. The federal government pays for those subsidies.

Many pointed out the xenophobia behind the rule change and how it goes against American ideals.

According to the Migration Policy Institute, a nonpartisan immigration thinktank, 57% of US immigrants had private health insurance in 2017, compared with 69% of US-born individuals, and 30% had public health insurance coverage, compared with 36%.

The uninsured rate for immigrants dropped from 32% to 20% from 2013 to 2017, since the implementation of the Affordable Care Act, according to Migration Policy. About 1.1 million people obtain green cards each year.

“Countless thousands across the country can breathe a sigh of relief today because the court recognized the urgent and irreparable harm that would have been inflicted,” said Jesse Bless, director of federal litigation at the American Immigration Lawyers Association.

Earlier this year, the administration made sweeping changes to regulations that would deny green cards to immigrants who use some forms of public assistance, but the courts have blocked that measure.

Mexico’s AMLO And Trump Plan To Meet In July And Everyone Wants To Know What They’ll Be Discussing

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Mexico’s AMLO And Trump Plan To Meet In July And Everyone Wants To Know What They’ll Be Discussing

Hector Vivas / Drew Angerer / Getty Images

Trump has a long history of treating Mexico as a political punching bag. He literally launched his campaign for president by demonizing Mexicans. BUt despite this, Mexico’s Andres Manuel Lopez Obrador (AMLO) has said the U.S. president has always treated him with respect. After threatening Mexico with tariffs last year, AMLO deployed troops to deter migration by Central Americans across Mexico to the U.S. – in a move many saw as an act of obedience to Trump.

But Trump’s own rhetoric has also changed. During a visit to Arizona last week, he said that it was Mexico who has helped drive down border crossings.

“If you look at so many of the different crimes that come through the border, they’re stopped. We’ve implemented groundbreaking agreements with Mexico,” Trump said during a round table on border security. “I want to thank the President of Mexico. He’s really a great guy. I think he’ll be coming into Washington pretty soon.”

So the two leaders seem to be on good terms. But a meeting with Trump could backfire.

President Trump and Mexico’s President Andres Manuel Lopez Obrador are planning their first personal meeting for July.

In what would be their first head-to-head meeting, Mexican President AMLO and Trump are likely to meet in the beginning half of July, according to officials. It’s a politically risky move for Mexico’s AMLO, who is already being attacked from across the political spectrum for appearing to appease Donald Trump.

AMLO said that in his meeting with Trump he intends to promote their new trade deal (the USMCA), as well as to thank him for sending medical ventilators to Mexico to help with the growing Coronavirus pandemic in the country. The date of the visit though is still not set in stone, since the pair would also want to meet with Canadian Prime Minister Justin Trudeau – since his country is also a signatory to the trade deal.

“It is very important for us participate in the beginning of this historical agreement, which is very timely because it will help us in the recovery of our economy and the creation of jobs,” Lopez Obrador said during his daily press conference.

Mexico’s economy has been battererd by the Coroanvirus and AMLO is betting its recovery is tied to the U.S., since both countries are facing their deepest recessions since the Great Depression.

Many are speculating about the what the meeting could focus on – with there being so many hard pressing issues between the two countries.

Credit: Evan Vucci / Getty Images

AMLO has made it clear that his stated goal of the visit would be to promote the renegotiated trade deal known as the USMCA, formerly NAFTA. However, the Coronavirus pandemic is still raging across the two countries and it’s likely it will be play a major part in discussions as well.

Apart from these two timely topics, both countries are speculating as to what else the two leaders could discuss – especially since Trump has so often spoken poorly of Mexico and issued sweeping demands in the past.

Will the pair discuss immigration, asylum and the border wall?

For AMLO, this would be his first trip out of Mexico since assuming the presidency in 2018.

Credit: Hector Vivas / Getty Images

AMLO assumed the presidency in December 2018, and since then he hasn’t left the country once. He has sent surrogates to attend globally important meetings, including to the U.N. Security Council election and several major economic forums. Instead, AMLO has preferred to stay in Mexico, traveling from state to state promoting his domestic agenda.

Even though AMLO’s critics have encouraged him to take international trips in the interest of Mexico, this is one that most experts agree is a mistake. They’re skeptical that the meeting will be beneficial at all to Mexico.

In a tweet, the former Mexican ambassador to the United States, Arturo Sarukhán, called the potential visit “a big blunder and a mistake,” saying that Trump would only use the Mexican president as an electoral prop. He also called such a visit “suicidal for Mexico’s long-term and strategic relationship with the United States.”

Former foreign minister Jorge Castañeda told Reuters he thought a visit was “a dumb idea” considering it is an election year in the United States.

Complicating matters, AMLO will fly to the U.S. on commercial flights amid a global pandemic.

Credit: Alfredo Estrella / Getty Images

AMLO is well-known as being frugal. He turned the palatial Los Pinos (the formal home of the Mexican President) into a cultural center and instead lives in his own apartment. He drives his own Volkswagen Jetta. And he always flies commercial, wherever he goes. And, apparently, that’s still the plan for his trip to Washington despite a global health crisis.

“I am going to travel on a commercial aircraft,” López Obrador told reporters during his morning news conference. “There is no direct trip from Mexico City to Washington, but you can make a stop. I will arrive a day before the meeting that we will have.”

And for Trump, the meeting would be high stakes given the concessions his supporters will want from Mexico.

Trump literally launched his presidential campaign by demonizing Mexicans. Since then, he’s made several swipes at the country and its people and has pursued inhumane immigration policies that have broken families and likely resulted in the deaths of many. Yet to his supporters, he hasn’t done nearly enough on immigration.

Therefore, it’s widely accepted that Trump will use the meeting as a way to advance his political standing with his core supporters and talk up his ‘achievements’ on border security.

Here’s Everything You Should Know About Trump’s Plan To Further Limit Asylum For Migrants And Refugees

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Here’s Everything You Should Know About Trump’s Plan To Further Limit Asylum For Migrants And Refugees

Nicolas Chamm / Getty Images

In what many are calling the most sweeping changes to asylum law ever, the Trump administration has proposed new rules regarding how migrants and refugees qualify for asylum protection in the U.S.

The rules would have a major impact on the ability of people with a legitimate fear for their safety – or that of their family – to prove their case before U.S. asylum courts. In some cases, asylum seekers may not even be given a chance to pleas their cases before an immigration court as the rules could leave some decisions in the hands of front line screeners, such as Border Patrol agents.

Trump administration unveils sweeping plan to limit asylum claims.

The Trump administration has released its furthest-reaching plant yet when it comes to trying to change asylum law in the U.S. The administration is trying to change the meaning of “persecution” to make it harder for migrants and refugees, with legitimate fears of persecution and danger, to be able to secure asylum in the U.S.

The 161-page proposal, officially posted Monday in the Federal Register, would also streamline the asylum-approval process, letting immigration judges rather than immigration courts make rulings in asylum cases and redefining the definition of a frivolous application.

“Essentially, this rule tries, in a way that hasn’t been done before, to define what can be grounds for asylum,” said Jessica Bolter, an associate policy analyst at the Migration Policy Institute.

The rule change could potentially bar relief to anyone who has passed through two countries before reaching the U.S. or who spent 14 days or more in one other country prior to arriving here. The administration also wants to bar asylum to anyone who has failed to timely pay U.S. taxes or who has been unlawfully present in the U.S. for a year or more.

It wants immigration judges to weigh someone’s illegal presence in the U.S. against them even though federal law specifically says people can seek asylum by crossing any part of the border and asking for it. And in addition to making fewer people eligible for asylum, it would give officers more power to deny initial asylum claims preemptively, with no need of a court hearing.

Critics of measure say the proposed changes would ‘represent the end of the asylum system as we know it.’

Credit: Nicolas Chamm / Getty Images

The new rules were quickly condemned to advocates like Families Belong Together, which called the proposed rule change “an assault on the fundamental right to seek asylum.”

“If fully implemented, they will gut years of progress in the U.S. to create bridges to safety for so many whose governments could not and would not protect them from severe harm and even death,” said a statement from Tahirih, which advocates for immigrants escaping gender-based violence.

The rule change would also put some of the most vulnerable people at increased risk of persecution.

Credit: Nicolas Chamm / Getty Images

For several years, the Trump administration has been working hard to keep asylum seekers from even reaching the U.S. border. As part of the government’s plan, the administration has signed ‘safe third country’ agreements with several Central American country’s – but several of these deals have shown to leave asylum seekers in increased danger.

In its deal with Guatemala, hundreds of non-Guatemalans have been sent to the country to apply for asylum there – predominantly women with young children, who may have well-founded fears of persecution. And the system has become so convoluted that many migrants and refugees were effectively compelled to abandon their asylum claims and return to the places they had fled in fear.

Meanwhile, at the U.S.-Mexico border, asylum seekers have been denied the most basic procedural safeguards, including the opportunity to present evidence or acquire a lawyer. Many had endured demeaning and coercive treatment by Border Patrol.

One Salvadoran woman told KITV that she was coerced into signing her “voluntary deportation” form at 2 a.m., believing it to be an asylum application. Soon afterward, officials chained her around her waist, ankles and wrists and sent her to Guatemala. “To them we are like bugs,” she said.

The new rules on asylum come just as the U.S. Supreme Court has said that Trump acted illegally in trying to end DACA.

In a 5-4 decision, the court ruled the Department of Homeland Security – and the Trump administration – had violated a federal administrative law with its policy ending DACA. DACA is the Obama-era program allowing undocumented immigrants brought to the country as children to live and work legally in the US.

The decision came as a bit of a surprise as many expected the court’s conservative majority to strike down the program in favor of Trump. However, the ruling effectively leaves the program in place until Congress a can take up the legislative process behind immigration and get something done for the benefit of DACA recipients and the nation.