Federal judge rules indefinite suspension of immigrant visas based on nationality is ‘patently unlawful’ and exceeds State Department authority.
A federal judge has ordered the Trump administration to resume processing immigrant visas for applicants from 75 countries, striking down a policy that had indefinitely suspended such applications on the grounds that nationals from those nations were likely to become a “public charge.”
US District Judge Jeannette Vargas of the Southern District of New York ruled on Friday that the State Department policy, announced in January under Secretary of State Marco Rubio, was “contrary to law and in excess of statutory authority.” In a detailed opinion, Vargas described the measure as “patently unlawful,” finding that it discriminated on the basis of nationality in violation of the Immigration and Nationality Act (INA) and improperly stripped consular officers of their congressionally mandated role in adjudicating individual cases.
US Judge Blocks Nationality-Based Immigrant Visa Policy:
The policy had halted the issuance of immigrant visas-those leading to permanent residency-for nationals of countries spanning Latin America, Africa, the Middle East, South Asia, the Balkans and the Caribbean. Affected nations included Brazil, Colombia, Pakistan, Bangladesh, Somalia, Haiti, Afghanistan, Iran, Russia and dozens of others, representing nearly 40 percent of the world’s countries.
The State Department had justified the pause by arguing that migrants from these countries used public benefits at “unacceptable rates.” Consular officers were instructed to refuse visas even in cases where applicants had already been found otherwise eligible, solely on the basis of nationality. Vargas rejected this approach, noting that under US law, determinations of whether an applicant is likely to become a public charge must be made on an individual basis, taking into account personal finances, age, health, skills and family circumstances-not through a blanket nationality-based ban.
“The Policy, which categorically prohibits the issuance of immigrant visas based upon the nationality of the applicant, represents a direct abrogation of this statutory scheme,” the judge wrote. She further criticised the administration’s reasoning as an exercise in “Orwellian logic,” observing that the outcome of applications was predetermined regardless of an individual’s circumstances.
The ruling vacates the policy nationwide and sets aside any visa refusals that rested solely on it. Those applications must now be returned for proper, case-by-case adjudication. The decision does not guarantee approval for any specific applicant but restores the individualized review required by law.
The lawsuit was brought by immigrant rights organisations including the Catholic Legal Immigration Network and African Communities Together, along with US citizens and visa applicants whose family members had been blocked. Plaintiffs argued that the policy kept families apart and violated anti-discrimination provisions embedded in US immigration statutes since 1965.
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Advocacy groups welcomed the decision. “This decision is a tremendous victory for the rule of law,” said Diana Konate of African Communities Together. “This unlawful and racist ban caused immeasurable harm, cruelly keeping families and loved ones apart.”
The Trump administration has framed its immigration measures as necessary to protect American taxpayers and ensure that newcomers are self-sufficient. A State Department spokesperson reiterated that the government remains committed to “upholding the highest standards of screening and vetting of visa applicants,” while declining to comment further on ongoing litigation.
The ruling marks another judicial setback for the administration’s efforts to tighten legal immigration pathways. It comes amid a broader series of policies aimed at restricting both legal and irregular migration. Critics have characterised the 75-country suspension as a de facto travel ban targeting predominantly non-white and developing nations, while supporters maintain it addresses legitimate fiscal and public-resource concerns.
For thousands of families separated by the policy, the court’s order offers a path toward renewed processing. Whether the administration will appeal the decision remains unclear. In the meantime, consular posts are expected to resume consideration of immigrant visa applications from the affected countries under the ordinary legal framework.