“Discriminatory!” US Judge Strikes Down Trump Administration’s 75-Country Immigrant Visa Ban
A federal judge in Manhattan has struck down a Trump administration policy that suspended immigrant visa processing for applicants from 75 countries, ruling that the measure was unlawful and exceeded the authority of Secretary of State Marco Rubio.
US District Judge Jeannette Vargas said the State Department policy, announced in January, was “contrary to law” because it directed consular officers to deny visas based on applicants’ nationality rather than individual eligibility.
The ruling also orders the reversal of visa denials that were based solely on the disputed restriction, which affected nearly 40 percent of the world’s countries.
Background
In January, the State Department paused immigrant visa processing for nationals of countries across Africa, South America, the Middle East, Central and East Asia, the Caribbean and parts of Europe.
The administration said the measure was aimed at preventing applicants who could become dependent on public assistance from entering the United States.
The restriction affected permanent-residence visas, including applications by people seeking to join family members or take up jobs in the US.
Legal Challenge
The lawsuit was filed by immigrant rights groups, visa applicants, and US citizens sponsoring relatives from the affected countries. The plaintiffs argued that the policy unlawfully kept families apart and prevented eligible applicants from receiving fair, case-by-case consideration.
The Ruling
Judge Vargas ruled that Secretary Rubio could not override the authority of consular officers, who are required under US immigration law to assess each applicant individually. She found that the policy effectively predetermined visa outcomes based on nationality.
According to the ruling, an applicant may be denied as a likely “public charge” only after officials consider personal factors such as finances, age, health, skills and family circumstances. The judge said the blanket restriction conflicted with a 1965 law barring nationality-based discrimination in the issuance of immigrant visas.
