VISA-IMMIGRATION: By Crispin R. Aranda- No health insurance, no visa

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THE presidential anaphylaxis surfaced unannounced on Oct. 4, 2019 declaring immigrants must have health insurance coverage to be allowed entry into the United States.

Running a campaign to clean America from the alleged sins of the previous administration, President Trump rallied his Republican troops to frenzied chants of “America First!” The dormant ultra-nationalist virus sprang to life.

Less than a year after Trump became the 45th US President by way of the electoral college, white supremacists in West Virginia loudly proclaimed the need to make America Right again: “Jews will not replace us!”

The chant of the Unite the Right rallyists in Charlottesville might as well be — “immigrants will not replace us.”

Yes, Donald Trump got the institutional win: 304 college electoral votes to Hillary Clinton’s 227. But the realtor-developer-Art-of-the Deal author lost the popular vote. Almost three million more Americans voted for Hillary Clinton than Donald Trump. The former Secretary of State got 65,853,514 to his 62,984,828.

Donald Trump does not want to be called unpopular or unliked. He cannot live with the fact that more Americans like Hillary than him — a “stable genius.”

But faced with a legislative deadlock, aware that he cannot change the laws allowing immigrants to come to the US legally on various family- and employment-based categories, Trump wielded executive powers to get what he wants: keep as many immigrants out of the United States.

If he cannot stop the waves and caravans of the potential border crossers and asylum seekers from Central America, he can make it difficult for legal immigrants to get their immigrant visas.

On Oct. 4, 2019, Donald Trump issued a presidential proclamation unequivocally stating that “the unrestricted immigrant entry into the United States of “unhealthy” persons would be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions.”

With the stroke of a pen, Donald Trump could bar “roughly 375,000 immigrants annually based on projections of data from fiscal year 2017, according to Julia Gelatt, a senior policy analyst at the Migration Policy Institute.”

Section 1 of the October 4 proclamation suspends the entry into the US of “immigrant-aliens who will financially burden the United States healthcare system.”

The proclamation came on the heels of a new Public Charge Rule announced on Aug. 24, 2018.

The rule authorizes an immigration or consular officer at US embassies worldwide to refuse the immigrant visa application or adjustment of status application of “(a)ny alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge.”

An immigrant visa applicant will be considered a public charge or a financial burden to the US after considering the “alien’s age; health; family status; assets, resources, financial status; and education and skills…”

To ensure the rule is in place, the proclamation states that a legal immigrant visa applicant will “financially burden the United States healthcare system unless the alien will be covered by approved health insurance…within 30 days of the alien’s entry into the United States, or unless the alien possesses the financial resources to pay for reasonably foreseeable medical costs.”

A provision long used by consular officers to refuse immigrant as well as tourist visas just got a healthy dose of executive shot in the arm.

Section 214(b) of the Immigration and Nationality Act states that “all non-immigrants are considered to be intending immigrants” unless they can prove otherwise.

The ‘State Department website explains further what this specific basis to refuse visa application means.

Section 214(b), it means that you (the visa applicant):

— Did not sufficiently demonstrate to the consular officer that you qualify for the non-immigrant visa category you applied for; and/or

— Did not overcome the presumption of immigrant intent, required by law, by sufficiently demonstrating that you have strong ties to your home country that will compel you to leave the United States at the end of your temporary stay. (H-1B and L visa applicants, along with their spouse and any minor children, are excluded from this requirement.)

Consular denials are not reviewable. Consular officers are the soldiers in the field. They are authorized to shoot without getting approval from the commanding office. In fact, in war as in visa issuance, the consuls are the frontliners with the absolute power to issue or deny a visa application.

This is called consular absolutism.

That is the law. As often repeated, “dura lex, sed lex” it is harsh, but it is law.

And immigrants must follow the law, no matter how hard or difficult it would be.

The October 4 proclamation takes effect 12:01 a.m. of Nov. 3, 2019.

From that date, all visa applicants — including tourist visa applicants — must be covered by “approved health insurance…within 30 days of the alien’s entry into the US, or unless the alien possesses the financial resources to pay for reasonably foreseeable medical costs.”

What is an approved health insurance coverage? The proclamation defines this coverage as any of the following “plans or programs”:

– An employer-sponsored plan, including a retiree plan, association health plan, and coverage provided by the Consolidated Omnibus Budget Reconciliation Act of 1985.

– An unsubsidized health plan offered in the individual market within a State; (individual market means the alien, or the purchaser of the plan pays for all the costs. No employers or any other entity contributions or co-pay required).

– A short-term limited duration health policy effective for a minimum of 364 days — or until the beginning of planned, extended travel outside the United States.

– A catastrophic plan — for serious illness or injury.

– A family member’s plan.

– A medical plan under chapter 55 of title 10, United States Code, including coverage under the TRICARE program;

– A visitor health insurance plan that provides adequate coverage for medical care for a minimum of 364 days — or until the beginning of planned, extended travel outside the United States;

– A medical plan under the Medicare program; or

– Any other health plan that provides adequate coverage for medical care as determined by the Secretary of Health and Human Services or his designee.

Are there any exemptions? Yes.

The proclamation “does not affect the entry of aliens entering the United States through means other than immigrant visas, including lawful permanent residents. Further, nothing in this proclamation shall be construed to affect any individual’s eligibility for asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws and regulations of the United States.”

In recent years, especially after the Immigration Act of 1990 which increased the number of legal immigrants to the US. From about 500,000 to 700,000 every year.

The existing immigration law was passed during the administration of Republican President George H. W. Bush on Nov. 29, 1990. It was first introduced by Sen. Ted Kennedy in 1989. Essentially it was a bipartisan plan to inoculate America from getting older and sicker.

The US after all is graying More Americans are retiring and must be assured of their Social Security benefits. Without new entrants to the labor force and — at that time a shortage of nurses, therapists and other healthcare workers — American retirees will not get their pensions.

The 1990 Act is considered to be one of the most considerable changes to US immigration law since 1965. Family-sponsored visas were set at 226,000 a year. Another 140,000 was reserved for immigrants through employment.

The result was the admission of approximately one million immigrants every year.

America prospered. Silicon Valley hosted migrant entrepreneurs that kept America competitive. But the resulting benefits were seen as elitist — skewed towards those with education and talent, not brawn and skills. America’s heartland ceased to beat. Immigrants were considered as invading hordes. A pestilence that must be stopped at the border.

No, they must be stopped even before they come to the borders.

Hence the public charge rule and the proclamation of Oct. 4, 2019. The public charge rule took effect yesterday, Oct. 13, 2019. The health insurance coverage rule takes effect Nov. 3, 2019.

In 1923 in the same month of November but five days later, Hitler attempted to pull off a military coup that overthrew the Weimar Republic. It was dubbed the Munich Putsch, popularly known as the Beer Hall Putsch.

On Nov. 8, 2016, Donald Trump pulled off an election coup that defied pundits and the established political order. The immigrant allergy began.

From the looks of it, President Trump and the Republican Party allergy to immigrants will be cured. But the rest of the world would feel the effects — until America feels the pain and the need for immigrants to help America be great again.