Federal judge strikes down Trump administration's immigrant visa ban covering 75 countries
A federal judge in Manhattan struck down the Trump administration's policy that suspended immigrant visa issuance to nationals of 75 countries, ruling it violated federal immigration law. U.S. District Judge Jeannette Vargas vacated the policy and directed the government to revisit visa refusals made solely on the basis of it. The State Department enacted the policy in January, citing concerns that applicants from the targeted nations were likely to become dependent on public benefits.
Two sources · Thin corroboration
The ruling, issued Friday by District Judge Jeannette A. Vargas of the Southern District of New York, found that the State Department policy was "contrary to law" and exceeded the statutory authority of Secretary of State Marco Rubio. The 61-page opinion vacated all visa denials based solely on the 75-country freeze and returned those cases to the government for further proceedings.
The policy, implemented in January, suspended immigrant visa issuance to nationals of countries across Africa, Latin America, the Caribbean, Eastern Europe, Southeast Asia, and the Middle East — covering nearly 40% of the world's countries, according to the ruling. The State Department's stated rationale was that people from those nations were likely to require public assistance if admitted to the United States.
Vargas found the policy violated the Immigration and Nationality Act of 1952, which prohibits discrimination on the basis of nationality in immigrant visa issuance. She wrote that even applicants who individually passed consular review and demonstrated they would not become public charges were still refused visas under the policy. "The outcome is predetermined. The visa will be refused," Vargas wrote. She also cited a U.S. diplomatic cable that instructed consulates to reject applicants whose printed visas had not yet left the consulate, even after approval.