This comment will discuss a suggestion which has been made that despite the November 2 federal district court decision temporarily blocking Trump's "Proclamation" barring applicants who cannot afford private health insurance from receiving immigrant visas and green cards, these immigrants could later on lose their green cards and be deported anyway, if the Supreme Court ultimately upholds the presidential health insurance ban.

The insurance ban only applies to applicants for immigrant visas at US consular posts abroad; it does not apply to nonimmigrants or to people who already have green cards. And national security, which was the sole justification for upholding the Muslim Ban, is not involved in the health insurance ban/

The only real reason for the health insurance ban is that Trump has determined that admitting immigrants from parts of the world that do not include "Countries like Norway" is "detrimental" to the US because of their skin color.

This argument is based on the precedent of the Supreme Court's decision upholding Trump's Muslim Ban order, For reasons which will be shown below, while that decision was certainly a disaster, contrary to America's core Constitutional principles of equality and freedom of religion, that decision was not retroactive.

While the Muslim Ban litigation was pending and the Ban was blocked from going into effect by the lower courts, it is reasonable to assume that there must have been dozens, hundreds, possibly over a thousand citizens of countries on the banned list who entered the US with legal visas. I am not aware that anyone, even the most committed opponent of Muslim immigration, has ever suggested that people who entered the US with legal visas granted by America's duly authorized consular officials should be arrested and deported just because the Supreme Court subsequently upheld the Muslim Ban order.

Moreover, there are many important differences between the Muslim Ban litigation and the case involving the health insurance ban which make the Muslim Ban decision a shaky and uncertain precedent for approving the health insurance ban. That is, unless the Supreme Court rules that Trump has the absolute power of a dictator over entry to the US by foreign citizens. That is not what the Supreme Court ruled in the Muslim Ban decision..

I will discuss that decision, Trump v. Hawaii, in Part 2 of this 2-Part series and will show that this decision is very thin grounds for arguing that Trump's latest pretext for barring nonwhite immigrants is legitimate and that immigrants who enter with legal immigrant visas but without insurance while the TRO is in effect could risk having their green cards revoked and be deported.

There is no reason why immigrant visa holders who enter the US to receive green cards (who are the only people affected by Trump's ban) while the TRO is in effect should have to buy expensive private insurance that they cannot afford. If they want medical insurance, ACA or Medicaid should be very good options.. Or else no insurance at all would be just fine, even if the Supreme Court upholds Trump's ban regarding future immigrant visa applicants.


Roger Algase
Attorney at Law