Doe v. Trump, No. 19-36020 (9th Cir. 2020)Annotate this Case
Proclamation No. 9945, which restricts entry of immigrant visa applicants who cannot demonstrate that they either (1) will acquire qualifying healthcare coverage within 30 days of entry or (2) have the ability to pay for reasonably foreseeable healthcare expenses, was within President Trump's statutory authority.
The Ninth Circuit reversed the district court's order enjoining the Proclamation's implementation. The panel assumed that, to the extent plaintiffs have Article III standing, they may assert an ultra vires cause of action to challenge the Proclamation on constitutional and statutory grounds. Because the panel concluded that plaintiffs' claims are likely to fail on the merits, the panel has no obligation to reach the consular nonreviewability issue and declined to do so.
The panel held that the Proclamation is a lawful exercise of the President's delegated authority under section 212(f) of the Immigration and Nationality Act (INA) where it comports with the textual limitations of section 212(f) as set forth in Trump v. Hawaii, 138 S. Ct. 2392, 2407 (2018). Furthermore, plaintiffs failed to show a likelihood of success on their claims that the Proclamation conflicts with other statutes such as the Affordable Care Act, the Children's Health Insurance Program Reauthorization Act, the public charge provision of the INA, and the Violence Against Women Act. Finally, the panel rejected the district court's contention that, to the extent section 212(f) allows the President to impose additional entry restrictions based on "domestic policymaking" concerns, section 212(f) itself violates the nondelegation doctrine. Contrary to what the district court concluded, the panel stated that it makes no difference whether the additional entry restrictions are imposed under section 212(f) based on assertedly domestic policy concerns. Therefore, the panel concluded that the district court abused its discretion in granting the preliminary injunction enjoining the Proclamation's implementation.
This opinion or order relates to an opinion or order originally issued on December 20, 2019.