A federal judge in New York has struck down a Trump administration policy that suspended the processing of immigration visas for nationals from 75 countries. The order, which affected nations including Iran, Afghanistan, Russia, and Somalia, was vacated Friday by U.S. District Judge Jeannette Vargas, an appointee of former President Joe Biden. The judge ruled that the policy was "contrary to law and in excess of statutory authority."
In her decision, Judge Vargas found that Secretary of State Marco Rubio exceeded his official authority. She stated that the mandate to refuse visas to eligible applicants lacked any basis in law and "runs afoul" of the Immigration and Nationality Act. Furthermore, the court noted that the policy undermined the role of congressional requirements regarding consular officers. According to the ruling, these officers hold exclusive authority and discretion to evaluate immigrant eligibility based on specific, detailed statutory criteria. The judge wrote that the policy, by categorically prohibiting visa issuance based on nationality, represents a "direct abrogation of this statutory scheme."
The legal challenge was brought by a coalition of two nonprofit organizations and 11 individual plaintiffs. Among these individuals were six people seeking to reunify with family members who had been denied visas, and five others currently outside the U.S. who had filed employment-based petitions. Anna Gallagher, executive director of the Catholic Legal Immigration Network, Inc. (CLINIC), praised the ruling, emphasizing that the case centered on the importance of keeping families together. She noted that the decision reaffirms the rule of law and allows families to move toward reunification.
Diana Konate, deputy executive director for policy and advocacy at African Communities Together, another nonprofit involved in the lawsuit, hailed the outcome as a significant victory. She described the policy as an "unlawful and racist ban" that caused substantial harm by separating families and loved ones. The State Department declined to comment on the ongoing litigation, though it issued a statement on Saturday asserting that the administration remains committed to protecting the American people through high standards of screening and vetting for visa applicants.
When the policy was initially implemented, the State Department directed consular officers to halt immigrant visa applications from the 75 countries, citing a broader November order aimed at tightening rules for potential immigrants who might become "public charges." Relying on data from the Council of Economic Advisers, the department claimed that over 30 percent of households with immigrants from these nations had received some form of public assistance. Additionally, a separate notice sent to U.S. embassies and consulates indicated that non-immigrant visa applicants were to be fully vetted for potential use of public benefits, with officers instructed to require proof of financial bona fides from those suspected of intending to apply for such benefits.
The policy was challenged by two nonprofit organizations along with 11 individuals, including six whose family members had been refused visas. The remaining five are outside the country and had filed “employment-based petitions” to come to the United States.
