All posts by Cheng, Cho, & Yee, Immigration Lawyers

The U.S. Court of Appeals recently upheld the Trump administration’s “uninsured ban,” which prevents immigrants from entering the country without “approved” health insurance. There are several details that immigrants in Chicago should know about the uninsured ban and how it may affect them.

What Is the Uninsured Ban?

The uninsured ban is an extension of 8 U.S.C. § 1182(f), which is a provision that enables the president to prevent immigrants from entering the country under the belief that they may compromise the interests of the United States. Specifically, the uninsured ban could prevent immigrants from entering the country if they don’t have an “approved” insurance plan that a government subsidy supports.

An “approved” healthcare plan is one that falls outside of the Affordable Care Act (ACA), which the Trump administration has notoriously opposed. While the ACA was intended to provide extensive coverage for people enrolled in the program and promote improved health with reduced long-term costs, the Trump administration implemented cheaper bare-bones plans that reduce costs through minimal coverage. As a result, many “approved” healthcare plans provide coverage only for particularly serious health conditions and not preventive care, such as routine checkups with doctors.

How the Uninsured Ban Makes It Harder to Gain Entry

Because of the definition of an “approved” plan under the uninsured ban, the ban prevents many from entering the U.S. who would otherwise qualify for visas, including sponsored spouses, other family members of U.S. citizens, and lawful permanent residents. The reason for this is many people working at minimum wage jobs don’t receive insurance coverage from employers. Subsequently, it’s extremely difficult for these citizens to sponsor family members unless those relatives can afford an “approved” plan.

Attempts to Reverse the Ban

Although many challengers argued against the uninsured ban because of its restrictive nature, the U.S. Court of Appeals for the Ninth Circuit still upheld the uninsured ban on December 31. Since more than 180 days have passed since the date the ban became effective on November 3, 2019, Secretary of State Mike Pompeo will be responsible for determining whether the ban is still required.

As of January, a new administration is in place under President Joe Biden, who may be able to reverse the ban in the near future in addition to other Trump-era policies surrounding immigration.

U.S. Citizenship and Immigration Services (USCIS) has updated guidance to clarify when individuals may not be eligible for naturalization if they did not lawfully obtain permanent residency status or abandoned their LPR status during the adjudication of the naturalization application. The purpose of the policy guidance update is to maintain consistency throughout the decision-making process during naturalization.

When Immigrants Obtain LPR Status Through Fraud

While undergoing the naturalization process, immigrants need to meet certain requirements when applying. One of these requirements is the need to establish that the immigrant was lawfully admitted into the U.S. for permanent residence in line with the Immigration and Nationality Act (INA).

Applicants may be found ineligible for naturalization if they obtained LPR status through fraud, in error, or if they otherwise were not in compliance with the law. This includes instances where USCIS previously granted adjustment of status or admitted the applicant because the agency was not aware of material facts that should have disqualified the individual.

When Applicants Previously Abandonded Their Status

Some applicants may also be ineligible if they abandoned their LPR status.

What’s Included in the Policy Updates

There are changes included in the new guidance in the USCIS policy manual.

The policy affirms that applicants who failed to obtain LPR status lawfully are ineligible for naturalization. This includes cases in which the government was unaware of material facts that disqualified applicants resulting in a granted adjustment to LPR status or admittance of LPR applicants.

The policy provides additional guidance on specific circumstances that can lead to the agency finding someone ineligible for naturalization due to failure to gain lawful admission for permanent residence. It also details that USCIS reviews whether applicants have abandoned their LPR status throughout the adjudication of the naturalization application.

Further, the policy details that USCIS denies naturalization applications that were filed on or following November 18, 2020, if applicants are in the process of removal. This is because USCIS doesn’t have the authority to review the merits of naturalization applications if applicants have a pending removal proceeding that started because of a warrant for the applicant’s arrest.

If applicants for naturalization have failed to obtain LPR status for any reason, following the USCIS guidance in the policy manual can help applicants determine which steps to take. While failure to obtain LPR status can hinder a person’s ability to become a U.S. citizen, it’s still possible for immigrants and their families to gain citizenship.

Immigrants in Illinois contribute a lot to local communities as citizens across the state. The following data shows how immigrants comprise the residents, workers, and students that support Illinois as of 2020.

(Article continues below infographic)

Immigrants in Illinois contribute a lot to local communities as citizens across the state. The following data shows how immigrants comprise the residents, workers, and students that support Illinois as of 2020.

(Article continues below infographic)

Immigrants Account for One in Every Seven Residents in Illinois

In Illinois, according to the American Immigration Council, one out of seven residents is an immigrant. Native-born U.S. citizens who have at least one immigrant parent account for another one in seven residents.

In 2018, there were around 1.8 million immigrants in Illinois. The majority of those immigrants came from Mexico (36%), followed by India, Poland, the Philippines, and China. Of those immigrants, 844,506 were men, 866,951 were women, and there were 79,856 immigrant children.

Illinois Contains Many DACA Recipients

As of March 2020, there were around 33,940 recipients of Deferred Action for Childhood Arrivals (DACA). In 2019, around 51% of individuals who were eligible to receive DACA applied for the program. 

One in Every Six Workers Is an Immigrant in Illinois

When it comes to the workforce in Illinois, immigrants account for a huge portion. In total, as of 2018, Illinois contained 1.2 million immigrant workers. These workers had occupations primarily in the manufacturing, health care, hospitality, food service, retail, and construction industries.

Regarding specific occupations, most immigrant workers had jobs in production, transportation and material moving, office and administrative support, sales, and management.

A Majority of Illinois Immigrants Are Naturalized

In Illinois, 52% of immigrants were naturalized as of 2018, with over 77% found to speak English either “well” or “very well.”

Immigrants Contribute Billions to the State Economy as Consumers

In addition to being contributory workers in many industries, immigrant residents in Illinois are also huge spenders as consumers. As of 2018, residents in immigrant-led households in Illinois had a spending power of $47.8 billion after taxes.

Immigrants Paid Tens of Billions Toward Taxes

In 2018, Illinois households made up of immigrants and immigrant families contributed $7.7 billion in state and local taxes, along with $12.7 billion in federal taxes.

Undocumented immigrants also contributed over a billion dollars, paying $708.9 million in state and local taxes and $945.5 million in federal taxes.

Immigrants enrolled or eligible for the DACA program accounted for another $120.5 million in state and local taxes.

These are just some of the ways immigrants continue to contribute to local communities.

Immigrants Account for One in Every Seven Residents in Illinois

In Illinois, according to the American Immigration Council, one out of seven residents is an immigrant. Native-born U.S. citizens who have at least one immigrant parent account for another one in seven residents.

In 2018, there were around 1.8 million immigrants in Illinois. The majority of those immigrants came from Mexico (36%), followed by India, Poland, the Philippines, and China. Of those immigrants, 844,506 were men, 866,951 were women, and there were 79,856 immigrant children.

Illinois Contains Many DACA Recipients

As of March 2020, there were around 33,940 recipients of Deferred Action for Childhood Arrivals (DACA). In 2019, around 51% of individuals who were eligible to receive DACA applied for the program. 

One in Every Six Workers Is an Immigrant in Illinois

When it comes to the workforce in Illinois, immigrants account for a huge portion. In total, as of 2018, Illinois contained 1.2 million immigrant workers. These workers had occupations primarily in the manufacturing, health care, hospitality, food service, retail, and construction industries.

Regarding specific occupations, most immigrant workers had jobs in production, transportation and material moving, office and administrative support, sales, and management.

A Majority of Illinois Immigrants Are Naturalized

In Illinois, 52% of immigrants were naturalized as of 2018, with over 77% found to speak English either “well” or “very well.”

Immigrants Contribute Billions to the State Economy as Consumers

In addition to being contributory workers in many industries, immigrant residents in Illinois are also huge spenders as consumers. As of 2018, residents in immigrant-led households in Illinois had a spending power of $47.8 billion after taxes.

Immigrants Paid Tens of Billions Toward Taxes

In 2018, Illinois households made up of immigrants and immigrant families contributed $7.7 billion in state and local taxes, along with $12.7 billion in federal taxes.

Undocumented immigrants also contributed over a billion dollars, paying $708.9 million in state and local taxes and $945.5 million in federal taxes.

Immigrants enrolled or eligible for the DACA program accounted for another $120.5 million in state and local taxes.

These are just some of the ways immigrants continue to contribute to local communities.