Federal judge blocks Trump administration's 75-country immigrant visa ban
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A Manhattan federal judge ruled that the Trump administration's policy denying immigrant visas to nationals of 75 countries exceeded legal authority and violated anti-discrimination statutes.
A federal judge in Manhattan on Friday declared the Trump administration's ban on immigrant visas for nationals of 75 countries unlawful, finding it exceeded the Secretary of State's statutory authority. The ruling overturns a State Department policy that had paused visa issuance for roughly 40 percent of the world’s nations, including Brazil, Colombia, Egypt, Haiti, Somalia and Russia, on the premise of preventing potential reliance on public benefits.
Judge Jeannette Vargas said the policy required consular officers to refuse visas solely based on an applicant’s country of origin, even when the individual could demonstrate financial self-sufficiency. Under existing law, a visa may be denied as a “public charge” only after a case-by-case assessment of the applicant’s finances, health, skills and family situation.
"The outcome is predetermined," Vargas wrote. "The visa will be refused."
The judge found the policy violated a 1965 law prohibiting discrimination by nationality in visa decisions and a separate provision that bars the secretary of state from directing how consular officers evaluate individual cases. While the ban affected permanent-residence visas for family reunification and employment, it did not extend to nonimmigrant visas such as tourist or student visas.
Plaintiffs included U.S. citizens with family-based petitions for relatives in Ghana, Jamaica, Guatemala and Ethiopia, as well as Colombian workers seeking employment visas. The administration succeeded on a narrower issue, with the court agreeing the policy was not a formal rule requiring public comment before implementation.
The judge, a Biden appointee, gave both parties until September 11 to propose a resolution and noted the administration may appeal the decision. The Justice Department and the White House have not responded to requests for comment.