A US federal judge has struck down the Trump administration’s policy suspending the issuance of immigrant visas to applicants from 75 countries, calling the nationality-based restrictions “patently unlawful.”US District Judge Jeannette Vargas in Manhattan ruled on Friday that the policy exceeded Secretary of State Marco Rubio’s legal authority and conflicted with federal immigration law governing the processing of immigrant visas, according to Reuters.
Judge says policy violated immigration law
The State Department announced the suspension in January, blocking the issuance of immigrant visas to applicants from 75 countries across Latin America, the Balkans, South Asia, Africa, the Middle East and the Caribbean.Vargas said the policy improperly gave the secretary of state authority over consular officers’ processing of immigrant visas, an area where federal law explicitly limits that authority.“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,” Vargas wrote.
Why did the Trump administration suspend the visas?
The Trump administration had justified the restrictions by arguing that applicants from the designated countries were at a high risk of becoming a “public charge” and relying on local, state and federal government resources in the United States.The countries affected included Brazil, Colombia and Uruguay in Latin America; Bosnia and Albania in the Balkans; and Pakistan and Bangladesh in South Asia, along with several countries in Africa, the Middle East and the Caribbean.The State Department did not immediately respond to a request for comment following the ruling.
Lawsuit challenged nationality-based visa restrictions
The ruling came in a lawsuit filed by immigrant rights groups Catholic Legal Immigration Network and African Communities Together, along with immigrant visa applicants and US citizens sponsoring family members from the affected countries.The plaintiffs challenged the administration’s decision to suspend immigrant visa issuance based on an applicant’s nationality.Vargas, who was appointed by former Democratic President Joe Biden, ruled that the State Department’s blanket suspension ran afoul of the immigration framework established by Congress.The decision marks another legal setback for President Donald Trump’s broader immigration crackdown, which his administration has said is aimed at strengthening domestic security and reducing pressure on government resources.Rights groups, however, have argued that several of the administration’s immigration measures violate due process and other constitutional protections.The immediate impact on affected applicants will depend on how the State Department responds to the ruling and whether the Trump administration decides to appeal.
