A U.S. federal judge on Friday struck down a Trump-era policy that suspended immigrant visa issuance for applicants from 75 countries, ruling the State Department overstepped its legal authority.
U.S. District Judge Jeannette Vargas in Manhattan found the policy issued by Secretary of State Marco Rubio was "patently unlawful" and conflicted with federal immigration law. In her ruling, Judge Vargas noted Congress had explicitly removed the secretary’s authority over consular officers’ processing of immigrant visa applications, and that the categorical ban based on nationality directly contradicted the statutory framework.
The suspension, announced in January and implemented later that month, covered applicants from countries across Latin America, Africa, the Middle East, South Asia, the Balkans, and the Caribbean. Named countries included Brazil, Colombia, Uruguay, Bosnia, Albania, Pakistan, and Bangladesh.
The State Department had justified the policy by arguing that applicants from these countries faced a high risk of becoming dependent on U.S. government resources after entry. The department did not immediately respond to requests for comment on whether it would appeal the ruling.
The lawsuit was brought by the Catholic Legal Immigration Network, African Communities Together, and individual immigrant visa applicants along with U.S. citizens sponsoring family members from the affected countries. The ruling removes the categorical suspension, though applicants remain subject to standard individual screening and eligibility requirements for U.S. immigrant visas.
