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Judge Blocks 75-Country Ban
A U.S. judge struck down a Trump administration policy suspending the issuance of immigrant visas to applicants from 75 countries, ruling it exceeded Secretary of State Marco Rubio’s statutory authority.
“patently unlawful”
Judge Jeannette Vargas of Manhattan said the policy was “patently unlawful” and conflicted with federal immigration law that explicitly stripped the secretary of state of authority over consular officers’ processing of immigrant visas.
The suspension, which took effect in January, affected applicants from Latin American countries including Brazil, Colombia and Uruguay; Balkan nations such as Bosnia and Albania; and South Asian countries like Pakistan and Bangladesh.
The State Department said applicants from those countries were “at a high risk for becoming a public charge and recourse to local, state and federal government resources in the United States.”
Court Rationale and Plaintiffs
Vargas’ ruling said the policy “categorically prohibits the issuance of immigrant visas based upon the nationality of the applicant,” and that it represented “a direct abrogation of this statutory scheme.”
The policy was challenged in a lawsuit filed by immigrant rights groups Catholic Legal Immigration Network and African Communities Together, along with applicants for immigrant visas and U.S. citizens sponsoring family members from the designated countries.
Anna Gallagher, executive director of CLINIC, welcomed the decision and said, “We welcome this ruling because, at its heart, this case is about keeping families together.”
Diana Konate, deputy executive director at African Communities Together, called the ban “a tremendous victory for the rule of law” and said, “This unlawful and racist ban caused immeasurable harm, cruelly keeping families and loved ones apart.”
What Happens Next
The ruling vacates visa denials issued solely under the policy and requires cases to be reconsidered by consular officers under normal immigration laws, with Vargas setting aside the policy as “contrary to law and in excess of statutory authority.”
“contrary to law and in excess of statutory authority”
The State Department said in January the pause was intended to “prevent the entry of foreign nationals who would take welfare and public benefits,” and it also said it would not comment on pending litigation.
The Hill reported that Vargas’ decision cited the Immigration and Nationality Act provision that “categorically prohibits” consular officers from basing visa decisions in the review process on nationality.
CNN reported that Vargas gave both sides until September 11 to propose how to resolve what remains of the case, while the administration can appeal the ruling.