The State Department is pushing back against a federal judge's decision to overturn a directive that had paused immigrant visas for nationals of 75 countries. The department described U.S. District Judge Jeannette Vargas, a Biden appointee, as a "rogue judge" whose ruling "wrongfully undermines the longstanding legal authority of the Secretary of State."
In a statement, State Department spokesperson Tommy Pigott told Fox News Digital, "American taxpayer-funded public benefits belong to Americans. President Trump has made clear that immigrants must be financially self-sufficient to protect these public benefits for American citizens."
"We will keep fighting for commonsense visa policies that put America First," Pigott added.
Judge Vargas ruled Friday that the State Department could not instruct consular officers to deny immigrant visas to otherwise eligible applicants based solely on their nationality from one of the covered countries. She vacated the policy and visa refusals that were based exclusively on the directive, ordering those cases to be reconsidered.
Legal Challenge to Visa Policy
The Immigration and Nationality Act permits consular officers to deny immigrant visas to individuals deemed likely to become a "public charge," a term referring to those who may become dependent on government assistance. Such assessments are typically made on an individual basis.
The Trump administration had implemented a more comprehensive screening process, directing officers to evaluate factors such as an applicant's age, health, financial status, English proficiency, and potential need for long-term medical care. However, Judge Vargas found that the State Department's directive went beyond this individualized review by mandating refusals for applicants from the 75 countries simply due to their citizenship.
In January, the State Department had announced a pause on immigrant visa issuances for citizens of countries including Somalia, Afghanistan, Brazil, Nigeria, Russia, and Iran. This pause was intended to allow for a reassessment of screening procedures designed to identify applicants at risk of becoming a public charge. The policy did not affect tourist or other nonimmigrant visas, though affected applicants could still apply and attend interviews, with consular officers instructed to refuse immigrant visas under the pause.
Judge Vargas's ruling does not compel the State Department to issue visas to any specific applicant. Consular officers retain the authority to deny a visa based on an individualized public-charge determination or other statutory grounds for inadmissibility.