Federal Judge Strikes Down Visa Ban on 75 Countries
A federal judge in New York has struck down a US Department of State policy that suspended immigrant visa issuance for nationals of 75 countries. The ruling, made by U.S. District Judge Jeannette A. Vargas on August 21, 2026, deemed the policy 'patently unlawful' under the Immigration and Nationality Act (INA). The court found that the policy discriminated based on nationality and exceeded the statutory authority of Secretary of State Marco Rubio.
The policy affected nationals from 75 countries, with visa refusals based solely on nationality being set aside for review. Applicants who were refused visas under INA § 221(g) solely because of the policy now have those refusals set aside, and their applications are remanded for further processing. The government may appeal the decision.
The plaintiffs in the case included the Catholic Legal Immigration Network, Inc., African Communities Together, and individual applicants. Among them was Dr. Fernando Lizcano Losada, a Colombian endocrinologist who was refused a visa on the theory that he was likely to become a public charge. The government cited his passport rather than his case merits as the basis for refusal.