A federal judge has overturned a Trump administration policy that halted visa processing for individuals from 75 countries, including Afghanistan, Iran, Russia, and Somalia. U.S. District Judge Jeannette Vargas, appointed by President Joe Biden, ruled on Friday that the policy was "contrary to law and in excess of statutory authority."
The policy, issued by then-Secretary of State Marco Rubio, had directed consular officers to suspend immigrant visa applications from countries whose nationals were deemed likely to require public assistance in the United States. Judge Vargas determined that Rubio exceeded his authority by implementing a rule that mandated visa refusals without a legal basis and undermined the authority of consular officers.
"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 in her ruling. "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 lawsuit was brought by two nonprofit organizations and 11 individuals, some of whom had family members denied visas or had filed employment-based petitions. CLINIC, a national nonprofit supporting immigration legal service providers and one of the plaintiffs, welcomed the decision.
"At its heart, this case is about keeping families together," said Anna Gallagher, executive director of CLINIC. "This decision affirms both those values and the rule of law, allowing families to once again move forward toward reunification."
African Communities Together, another plaintiff, called the ruling a "tremendous victory for the rule of law." Diana Konate, deputy executive director for policy and advocacy, stated, "This unlawful and racist ban caused immeasurable harm, cruelly keeping families and loved ones apart. Today, we are elated to tell our community members: this ban is no more."
At the time the policy was enacted, the State Department stated it was protecting Americans by upholding screening and vetting standards for visa applicants. The department cited data suggesting over 30 percent of households from the targeted countries received public assistance. A separate directive to U.S. embassies and consulates indicated that non-immigrant visa applicants also needed to be screened for potential reliance on public benefits. Applicants were required to prove they would not seek public benefits while in the U.S., and consular officers were instructed to require further financial documentation if suspicion arose.
This ruling is the latest in a series of judicial challenges to the Trump administration's immigration policies. In June, a federal judge blocked a separate policy that made it more difficult for immigrants from numerous countries to enter and remain in the U.S., affecting aspects of asylum, work permits, green cards, and citizenship applications.