The Trump administration can’t enforce a ban on the entry of immigrants without health insurance while litigation plays out over the presidential proclamation announcing the policy, a divided Ninth Circuit ruled Monday.
The government is unlikely to prevail on the merits, given that “the proclamation here was issued with virtually no factual findings, minimal reasoning, and an extremely limited window for public comment,” Chief Judge Sidney R. Thomas wrote in a wide-ranging opinion.
Under those circumstances, “the government has not shown that it will be irreparably injured absent enforcement,” while “the plaintiffs have shown that the immediate implementation of the ...