Federal judge halts Trump health care ban in Portland court


Judge Michael Simon issued a restraining order to stop the health care ban

PORTLAND, Ore. (KOIN) —A federal judge in Oregon issued a restraining order to stop President Donald Trump’s health care ban for immigrants from taking effect on Saturday at the Mark O. Hatfield U.S. Courthouse. A civil rights coalition filed the lawsuit in the US District Court for the District of Oregon.

On October 4, Trump signed a proclamation that will deny immigrant visas and block entry to the U.S. to those who can’t prove they’ll obtain health insurance within a month of entry, or be able to cover foreseeable medical costs once they become permanent residents.

The Innovation Law Lab got together with the Justice Action Center, American Immigration Lawyers Association and Sidley Austin LLP to file a lawsuit on behalf of plaintiffs in the U.S. District Court for the District of Oregon to halt the ban. They then filed a Temporary Restraining Order to request this hearing and a court determination.

The restraining order stops that health care ban from taking effect for the next 28 days. Attorneys with the Innovation Law Lab said Judge Michael Simon’s order means that the government will be prohibited from implementing the president’s proclamation and the health care ban.

The Latino Network‘s Executive Director, Carmen Rubio, said that if the ban were to be exacted as planned, it would put a strain on resources and undercut core services.

“We serve over 7,000 families in the tri-county area every year,” said Rubio. “And this would create irreparable harm on the work that we do—we run safety net programs, it would cause us to dramatically shift our resources to address this.”

Nadia Dahab, an attorney with the Innovation Law Lab, said under law, Congress had already created a family-based system for immigration, and the ban contradicts that law. Dahab also mentioned the judge said he had questions about the legality of the proclamation due to that contradiction.

“Congress created under federal law a family-based system of immigration,” said Dahab. “Congress has spoken on the Affordable Care Act and other health care laws that non-citizens—regardless of their financial status—are entitled to health insurance in this country. So, everything about the president’s proclamation, and the agency’s rules that implement it, are contrary to the system that Congress has set up.”

The next hearing is scheduled for Friday, November 22. At that time, the judge will decide on whether or not to issue a preliminary injunction.

Class Action Complaint

Temporary Restraining Order

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