A federal judge in New York has vacated a Trump administration policy that suspended the processing of immigration visas from 75 countries, including Afghanistan, Iran, Russia, and Somalia. The policy, which targeted nationals deemed likely to require public assistance in the United States, was set aside by U.S. District Judge Jeannette Vargas as "contrary to law and in excess of statutory authority."
Vargas, an appointee of former President Joe Biden, ruled that Secretary of State Marco Rubio exceeded his authority by issuing the policy. The judge stated that the policy "runs afoul" of the Immigration and Nationality Act by mandating the refusal of visas to eligible applicants without a legal basis. Vargas also noted that the policy undermines the congressional requirement that places consular officers at the forefront of visa decisions.
"Congress imbued these officers with exclusive authority and discretion to determine if an immigrant is eligible for a visa based upon review of specific and detailed criteria set forth in the statute," Vargas wrote. "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 policy was challenged by two nonprofit organizations and 11 individuals, including six whose family members had been refused visas and five who had filed employment-based petitions. Anna Gallagher, executive director of CLINIC, a national nonprofit and one of the plaintiffs, welcomed the ruling, stating, "at its heart, this case is about keeping families together."
"This decision affirms both those values and the rule of law, allowing families to once again move forward toward reunification," Gallagher said in a statement. Catholic social teaching, she added, "calls us to uphold the dignity of every person and recognize the family as the foundation of society."
The Trump administration had implemented a series of immigration and travel bans, primarily affecting individuals from Africa, Asia, and Latin America. At the time the policy was issued, the State Department stated it was protecting the American people by upholding rigorous screening and vetting standards for visa applicants. Citing data from the Council of Economic Advisers, the State Department had said that over 30 percent of households with immigrants from these 75 countries received some form of public assistance.
According to a separate notice obtained by The Associated Press, non-immigrant visa applicants were also to be screened for the possibility of seeking public benefits in the U.S. The notice emphasized that applicants must prove they would not apply for public benefits while in the U.S., and consular officers who suspected otherwise were to require applicants to submit a form demonstrating their financial solvency.
This ruling is the latest instance of courts overturning aspects of the Trump administration's immigration agenda. In June, a federal judge blocked a similar policy that made it more difficult for immigrants from numerous countries to enter and remain in the U.S., impacting applications for asylum, work permits, green cards, and citizenship.