A judge has certified as a class action a suit pending against the Trump administration that seeks to bar him from requiring immigrants to prove they can get or pay for health insurance before they’re granted visas.

U.S. District Judge Michael H. Simon of Portland on Tuesday opened the suit to two classes of plaintiffs: U.S citizens who have or will petition to sponsor an immigrant visa for family members, and foreign nationals who have applied for visas.

The class certifications apply to those who are unable to demonstrate to a consular officer that either they will be covered by health insurance within 30 days of entry to the United States or able to pay for "reasonably foreseeable'' medical costs.

Class-action suits typically are allowed to avoid a glut of separate suits filed by many people bringing the same allegations or to address a widespread alleged harm.

The government has argued that the plaintiffs don’t have standing to challenge the restrictions because federal authorities haven’t yet enforced President Donald Trump’s proclamation against any immigrant. Government lawyers also contend that individual visa applicants don’t share specific financial or medical circumstances and so they can’t band together to sue.

But Simon swept away those arguments, writing in his ruling that the government acknowledges "the Proclamation will apply to tens of thousands, if not hundreds of thousands, of immigrants.’’

He also found that the plaintiffs share a basic claim.

"Plaintiffs are not challenging specific visa determinations. Plaintiffs are challenging the legality of the implementation and enforcement of a broadly applicable change to how immigration visas are to be processed and whether the President violated the Constitution in issuing the Proclamation,'' Simon wrote.

The proclamation says immigrants applying for U.S. visas can’t enter the country unless they can show they’ll be covered by health insurance within 30 days or show they have the financial resources to pay for their “reasonably foreseeable” medical costs.

A day before it was set to take effect on Nov. 3, Simon issued a temporary restraining order and then on Nov. 26 granted a nationwide injunction, barring it from going into practice.

Simon found Trump’s proclamation “inconsistent’’ with the Immigration and Nationalization Act of 1965. He ruled it was issued without “any properly delegated authority’’ and little, if any, justification for linking uncompensated health care costs to legal immigrants.

The initial plaintiffs include U.S. citizens in Oregon, California, New York, Massachusetts and Illinois who have petitioned the government to sponsor a noncitizen relative for an immigrant visa, as well as foreign nationals applying for immigrant visas and the Latino Network, a nonprofit organization in Multnomah County that supports Latino residents by connecting them with housing, financial and social support services.

The plaintiffs submitted expert opinions that Proclamation 9945 would affect 60% to 65% of otherwise eligible legal immigrants.

The government has challenged the nationwide injunction.

In January, both sides argued before a three-judge panel of the 9th U.S. Circuit Court of Appeals. The appeals panel didn’t say when it would rule but indicated that it would expedite its review of the government’s motion.

-- Maxine Bernstein

Email at mbernstein@oregonian.com; 503-221-8212

Follow on Twitter @maxoregonian

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