Federal judge nullifies Trump-era visa restrictions on 75 nations
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A New York federal judge ruled that a Trump administration policy halting visa processing for nationals of 75 countries exceeded legal authority, overturning the ban.
U.S. District Judge Jeannette Vargas, a Biden appointee, vacated a Trump administration policy that suspended immigrant visa processing for nationals of 75 countries, including Afghanistan, Iran, Russia and Somalia. The judge said the policy was "contrary to law and in excess of statutory authority" and exceeded the power of Secretary of State Marco Rubio, violating the Immigration and Nationality Act by refusing visas without legal basis.
Vargas emphasized that Congress gave consular officers exclusive discretion to assess visa eligibility based on statutory criteria, and the blanket prohibition based on nationality directly undermined that framework.
The policy was challenged by two nonprofit groups and 11 individuals, six of whom had family members denied visas and five who had filed employment-based petitions.
"We welcome this ruling because, at its heart, this case is about keeping families together," said Anna Gallagher, executive director of CLINIC, one of the plaintiffs.
"This unlawful and racist ban caused immeasurable harm, cruelly keeping families and loved ones apart," said Diana Konate, deputy executive director for policy and advocacy at African Communities Together.
The State Department, which issued the original directive, said it was protecting the United States by maintaining high screening standards and declined to comment on the litigation. The 2020 directive instructed consular officers to halt immigrant visa applications from the listed countries, citing data that more than 30 percent of households with immigrants from those nations received public assistance. Non-immigrant visa applicants were also required to demonstrate they would not seek public benefits.