US Judge Strikes Down Visa Pause for 75 Countries

A federal judge in New York has struck down the Trump administration's policy suspending immigrant visa issuance for nationals of 75 countries. The policy, which was announced on January 14 and set to take effect on January 21, targeted applicants from countries considered at high risk of becoming a 'public charge' or using government welfare.

The court ruled that the policy violated US immigration law and exceeded the authority of Secretary of State Marco Rubio. Judge Jeannette A. Vargas noted that the policy required consular officers to refuse immigrant visas based on nationality, even when applicants were otherwise eligible and had not been individually found likely to become public charges.

The affected countries included Pakistan, Bangladesh, Nepal, Nigeria, Ghana, Haiti, Iran, Iraq, Russia, Sri Lanka, Sudan, Syria, Uganda, Uzbekistan, and Yemen. The court said the policy conflicted with the Immigration and Nationality Act, which bars discrimination in immigrant visa issuance based on nationality, race, sex, place of birth, or place of residence.

The ruling vacated the policy in its entirety and set aside immigrant visa refusals that were based solely on the suspension. However, the court said consular officers have exclusive authority to decide whether individual visa applications should be approved or refused.