A United States federal judge has struck down a Trump administration policy that suspended immigrant visas for nationals of 75 countries, ruling the blanket restriction violates federal law and exceeds the secretary of state’s authority.
The decision, issued Friday by Judge Jeannette Vargas of the Southern District of New York, invalidates a State Department rule announced in January that barred the issuance of immigrant visas to applicants from a list of nations including Russia, Brazil, Colombia, Albania, Egypt, Haiti, Somalia and Pakistan. The policy did not apply to tourist or student visas. Officials had justified the measure as necessary to prevent the entry of individuals who would “take welfare and public benefits.”
In her ruling, Judge Vargas found that consular staff had been instructed to reject all immigrant visa applicants from the designated countries regardless of their individual financial circumstances. Under existing statute, an application may only be denied on “public charge” grounds after a case-specific review of the applicant’s finances, Health and skills. “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.
Vargas, a Biden appointee, also determined that Secretary of State Marco Rubio lacked the legal authority to impose the visa ban. The lawsuit was brought by immigrant rights organizations, prospective immigrants and American citizens whose relatives had been denied entry under the rule. The administration retains the option to appeal.
A State Department spokesperson declined to comment on the litigation but defended the administration’s approach, stating it is “protecting the American people by upholding the highest standards of screening and vetting of visa applicants.”
The ruling arrives amid intensified immigration enforcement that has drawn domestic and international scrutiny. Nationwide protests erupted in January after federal agents fatally shot two U.S. citizens in Minnesota. Beyond visa restrictions, deportation operations have accelerated. Guatemalan President Bernardo Arevalo disclosed this week that approximately 2,300 Mexican nationals had been flown to Guatemala from the United States since the beginning of the year, despite objections from Mexico.
Conditions in Immigration and Customs Enforcement detention facilities have also come under examination. A joint report by Human Rights Watch and Physicians for Human Rights documented at least 52 deaths in ICE custody during the first 500 days of Trump’s second term.
The court’s decision reaffirms that nationality-based visa bans cannot substitute for the individualized assessments required by Congress. As the administration weighs an appeal, the ruling restores the statutory framework governing immigrant visa adjudications for applicants from the affected countries.
