Trump’s attempts at implementing immigration policy keep getting thwarted by judges appointed by former President Obama.
Most recently, Judge Michael Simon from the federal district court in Portland, Oregon put up a roadblock on a new policy that would require those applying for permanent U.S. status to prove they have or can afford healthcare. The presidential proclamation was issued by Trump at the beginning of October.
It requires those wishing to obtain green cards to show proof of insurance within 30 days of entering the country. In lieu of obtaining insurance, the applicants can prove they have sufficient funds to cover any healthcare expenses. It was another attempt to move immigration policy toward a merit-based system. It read:
“Immigrants who enter this country should not further saddle our healthcare system, and subsequently American taxpayers, with higher costs. Continuing to allow entry into the United States of certain immigrants who lack health insurance or the demonstrated ability to pay for their healthcare would be detrimental to these interests.”
Trump’s proclamation would have gone into effect on Sunday if Judge Simon had not issued his temporary restraining order.
Back in September, Trump saw three of his immigration initiatives shot down in a single day—all by Obama-appointed judges.
In Los Angeles, Federal District Court Judge Dolly Gee issued an injunction that blocked the administration from keeping migrant families detained for the duration of their court proceedings. Judge Gee stated that the policy would be a violation of the Flores Agreement which only allows people to be detained for a maximum of 20 days.
Also in California, U.S. District Court Judge Andre Birotte Jr. blocked ICE from issuing “detainers” that are only based on database searches due to them being unreliable. ICE uses the databases in order to take people into their custody. However, in a span of just 10 months in 2015-2016, 42 of detainers were lifted because the targeted person was a U.S. citizen and not an undocumented immigrant.
The third ruling came from the U.S. District Court for D.C. Judge Ketanji Brown Jackson. Judge Jackson issued a nationwide injunction to stop the expedited deportation of undocumented immigrants. The policy aimed to allow for the deportation of people who entered the U.S. in the last two years in a fast-track process that bypassed immigration judges.
It is heartening to see that former President Obama is still influencing national policy, even if it is indirectly. However, it also brings to light the importance of presidential nominations.