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Discussion Points for Punto Legal –October 09, 2019

contextual

1. I-9 Audits.

The I-9 form is the form that new employees have to file with their employer to show they are authorized to work in the United States. The I-9 audit is the primary worksite enforcement mechanism used by ICE. During the past three weeks, ICE conducted a number of I-9 audits of businesses in Glenwood Springs. Do you have any information about these audits? Were you affected by an I-9 audit? If so, we would love to hear your stories.

2. Healthcare Proclamation.

You may have heard that President Trump issued a proclamation on health care last Friday. This proclamation goes beyond the new public charge regulation. It applies to intending immigrants who are fixing their papers outside the U.S. It goes into effect on November 3.

This proclamation states:

· The entry into the United States as immigrants of aliens who will financially burden the United States healthcare system is suspended.

· An intending immigrant 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.)

· Approved health insurance means an employer-sponsored plan or an unsubsidized health plan in the individual market within a State; or a short-term limited duration health policy effective for a minimum of 364 days; or a visitor health insurance plan that provides adequate coverage for medical care for a minimum of 364 days;

The proclamation applies only to immigrants seeking to enter the United States for permanent residence.

It does not apply to an immigrant who:

· Is the child of a United States citizen or

· An immigrant who is the parent of a citizen, provided that the alien or the alien’s sponsor demonstrates to the satisfaction of the consular officer that the alien’s healthcare will not impose a substantial burden on the United States healthcare system;

· Any alien under the age of 18, except for any alien accompanying a parent who is also immigrating to the United States and subject to this proclamation;

The Secretary of State is required to issue regulations. So we really don’t know how bad this proclamation will be administered.