Federal Judge Strikes Down Trump-Era Visa Suspension Policy
Judge Jeannette Vargas rules the policy restricting visas for citizens of 75 nations exceeds statutory authority.
Quick Look
- A federal judge in New York has invalidated a Trump administration policy that suspended visa processing for nationals from 75 countries.
- Judge Jeannette Vargas ruled the policy exceeded statutory authority and violated the Immigration and Nationality Act.
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Why It Matters
The policy suspended visa processing for nationals from 75 countries deemed likely to require public assistance. It was challenged by nonprofits and individuals seeking family reunification and employment-based visas.
A federal judge in New York has struck down a Trump administration policy that suspended visa processing for citizens of 75 nations, including Afghanistan, Iran, Russia, and Somalia, whose nationals were deemed likely to require public assistance in the United States.
U.S. District Judge Jeannette Vargas, appointed by President Joe Biden, set aside the policy Friday after ruling it "contrary to law and in excess of statutory authority."
The judge ruled Secretary of State Marco Rubio exceeded his authority in issuing the policy, which "runs afoul" of the Immigration and Nationality Act by mandating "the refusal of visas to eligible applicants without any basis in law."
Vargas said the policy also undermines the congressional requirement that puts consular officers at the forefront of any visa decision.
"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," she 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."
Two nonprofit organizations and 11 individuals, including six whose family members had been refused visas, challenged the policy. The remaining five are outside the country and had filed "employment-based petitions" to come to the United States.
"We welcome this ruling because, at its heart, this case is about keeping families together," said Anna Gallagher, executive director of CLINIC, a national nonprofit providing training, resources, and support to a network of immigration legal service providers and a plaintiff in the case.
"Catholic social teaching calls us to uphold the dignity of every person and recognize the family as the foundation of society," she said in a statement. "This decision affirms both those values and the rule of law, allowing families to once again move forward toward reunification."
Another plaintiff is African Communities Together, a Harlem-based nonprofit organization. One of its leaders described the court ruling as "a tremendous victory for the rule of law."
Open Questions
- Will the administration appeal the ruling?
- How many visa applications were affected by the policy?
