A federal judge in New York has struck down a Trump administration visa policy that halted processing for applicants from 75 countries, among them Afghanistan, Iran, Russia and Somalia, after officials concluded that nationals from those countries were more likely to need public assistance in the United States.
U.S. District Judge Jeannette Vargas, appointed by former President Joe Biden, vacated the policy Friday, finding it was “contrary to law and in excess of statutory authority.”
In her ruling, Vargas said Secretary of State Marco Rubio overstepped his legal powers when he issued the directive. The policy, she wrote, “runs afoul” of the Immigration and Nationality Act because it required officials to deny visas to otherwise eligible applicants “without any basis in law.”
Judge says power lies with consular officers
The judge also found that the measure weakened a core requirement established by Congress: that consular officers, not a blanket nationality-based rule, must make individual visa determinations.
“Congress imbued these officers with exclusive authority and discretion to determine if an immigrant is eligible for a visa based upon review of specific and detailed criteria set forth in the statute,” Vargas wrote. “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 lawsuit was brought by two nonprofit groups and 11 individual plaintiffs. Six of the individuals said relatives had been denied visas under the policy, while the other five are living outside the United States and had submitted employment-based petitions to enter the country.
Advocates say keeping families apart is cruel
“We welcome this ruling because, at its heart, this case is about keeping families together,” said Anna Gallagher, executive director of CLINIC, a national nonprofit that trains and supports immigration legal service providers and was among the plaintiffs in the case.
“Catholic social teaching calls us to uphold the dignity of every person and recognize the family as the foundation of society,” Gallagher said in a statement. “This decision affirms both those values and the rule of law, allowing families to once again move forward toward reunification.” Another plaintiff, African Communities Together, a Harlem-based nonprofit, also praised the decision, with one of its leaders calling the ruling “a tremendous victory for the rule of law.”
“This unlawful and racist ban caused immeasurable harm, cruelly keeping families and loved ones apart,” Diana Konate, deputy executive director for policy and advocacy, said in a statement. “Today, we are elated to tell our community members: this ban is no more.”
Trump expands his anti-immigration agenda
President Donald Trump has imposed a growing list of immigration and travel bans mostly for people from Africa, Asia and Latin America. The State Department said Saturday that the Trump administration is “protecting the American people by upholding the highest standards of screening and vetting of visa applicants,” and that it would not comment on pending litigation.
At the time the policy was issued, the State Department said it had instructed consular officers to halt immigrant visa applications from the 75 countries in accordance with a broader order in November that tightened rules around potential immigrants who might become “public charges.” Relying on Council of Economic Advisers data, the State Department said that more than 30 percent of households with immigrants from these countries received some form of public assistance.
A separate notice sent to all U.S. embassies and consulates said that non-immigrant visa applicants also should be “fully vetted and screened” for the possibility that they might seek public benefits in the United States.
The cable, a copy of which was obtained by The Associated Press, noted several times that the applicant must prove they won’t apply for public benefits while in the U.S., and that consular officers who suspect the applicant might apply should require them to fill out a form proving their financial bona fides.
The ruling is the latest example of the courts upending Trump’s immigration agenda. In June, a federal judge struck down a Trump administration policy that made it harder for immigrants from dozens of countries to enter and stay in America — affecting elements like asylum, work permits, green cards, and citizenship applications. That judge said the policy threw countless immigrants’ lives “into indeterminate legal limbo,” and accused the U.S. Citizenship and Immigration Services of ignoring the law.
