State Department calls judge a 'rogue' after court overturns immigrant visa freeze covering 75 countries
U.S. District Judge Jeannette Vargas ruled Friday that the State Department could not direct consular officers to deny immigrant visas to otherwise eligible applicants solely because they are nationals of one of 75 countries subject to a blanket freeze. The ruling vacated the policy and sent visa refusals based solely on the directive back for further individual consideration. The State Department, responding first to Fox News Digital, called Vargas a "rogue judge" and said it would continue fighting for what it described as commonsense visa policies.
Single source · Not corroborated
The State Department's freeze on immigrant visa issuances to nationals of 75 countries — including Somalia, Afghanistan, Brazil, Nigeria, Russia, and Iran — was struck down Friday by U.S. District Judge Jeannette Vargas of the Southern District of New York. The policy, first reported in January, directed consular officers to refuse immigrant visas to applicants from those countries while the department reassessed screening procedures meant to identify applicants likely to become dependent on government assistance. The freeze did not apply to tourist or other nonimmigrant visas.
Vargas found that Secretary of State Marco Rubio's directive required officers to deny visas even after determining that an individual applicant was not barred under any existing provision of immigration law. She vacated the policy and the visa refusals that had been based solely on it, returning those cases for further review. Her ruling does not require the State Department to issue visas to any particular applicant; consular officers may still deny a visa based on an individualized public-charge finding or another statutory ground.
The Immigration and Nationality Act allows consular officers to deny immigrant visas to applicants they determine are likely to become a "public charge" — meaning dependent on government assistance — but that assessment is meant to be made on an individual basis. The Trump administration directed officers to weigh factors including an applicant's age, health, finances, English proficiency, and potential need for long-term care. Vargas found the blanket country-based refusal went beyond that individualized review.