A federal judge in New York ruled against the Trump administration’s policy suspending immigrant visa processing for applicants from 75 countries on Friday, which was implemented in January by Secretary of State Marco Rubio.
U.S. District Judge Jeannette Vargas, an appointee of former President Joe Biden, ruled in the 61-page decision “the Policy is contrary to law and was issued in excess of Secretary Rubio’s statutory authority.” Visa issuance must now resume for individuals from the 75 countries for which the State Department suspended processing, including Russia, Afghanistan, and Iran.
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“The pause impacts dozens of countries — including Somalia, Haiti, Iran, and Eritrea — whose immigrants often become public charges on the United States upon arrival,” the initial announcement said. “We are working to ensure the generosity of the American people will no longer be abused.”
Vargas said the policy “displaces consular officers from the role Congress assigned them in the visa issuance process” and effectively imposes a nationality-based ban. The Trump administration argued that visa issuance refusals were not illegal since department officers issued them under an existing provision governing visa denials, Section 221(g) of the Immigration and Nationality Act, according to Fox News.
The Friday ruling is the latest example of a Democrat-appointed federal court blocking key aspects of the Trump administration’s legal immigration agenda, as another in June prevented the administration from enacting a policy that would have imposed a $100,000 fee on new H-1B visa applications seeking high-skilled jobs in the United States.
STATE DEPARTMENT HAS REVOKED OVER 175,000 VISAS FOR FOREIGN NATIONALS, CITING VIOLATIONS
“The State Department will pause immigrant visa processing from 85 countries whose immigrants take welfare from the American people at unacceptable rates,” the initial announcement also said. “The freeze will remain active until the U.S. can ensure that new immigrants will not extract wealth from the American people.”
The order did not affect visas issued before the announcement, nor did it apply to student or tourist visas.
