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Judge ends visa pause
A federal judge in New York vacated a Trump administration policy that suspended immigrant visa processing for nationals of 75 countries, setting aside refusals based solely on the policy and requiring cases to be reconsidered by consular officers under normal immigration laws.
“contrary to law and was issued in excess of Secretary Rubio's statutory authority”
U.S. District Judge Jeannette Vargas said the policy was “contrary to law and was issued in excess of Secretary Rubio's statutory authority,” and she ruled it conflicted with federal immigration law that gives consular officers “exclusive authority and discretion” to determine whether an immigrant is eligible for a visa.
The policy, announced by the State Department in January, directed U.S. embassies and consulates to suspend immigrant visa adjudications while the State Department reassessed its vetting procedures under existing immigration law.
ABC News reported that Anna Gallagher, executive director of the Catholic Legal Immigration Network Inc., said the suspension “separated spouses, parents, and children who were simply following the legal immigration process,” while a State Department spokesman said the pause was intended to “prevent the entry of foreign nationals who would take welfare and public benefits.”
CLINIC and African Communities
The ruling was issued Friday in the Southern District of New York by Judge Jeannette Vargas, who said the policy was “patently unlawful” and that it exceeded Secretary of State Marco Rubio’s statutory authority.
The Associated Press reported that Vargas set aside the policy as “contrary to law and in excess of statutory authority,” and it quoted her writing that the policy “runs afoul” of the Immigration and Nationality Act by mandating “the refusal of visas to eligible applicants without any basis in law.”
Anna Gallagher, executive director of CLINIC, told Associated Press, “We welcome this ruling because, at its heart, this case is about keeping families together,” and she added that “Catholic social teaching calls us to uphold the dignity of every person and recognize the family as the foundation of society.”
Diana Konate, deputy executive director for policy and advocacy at African Communities Together, said in a statement, “This unlawful and racist ban caused immeasurable harm, cruelly keeping families and loved ones apart,” and she said, “Today, we are elated to tell our community members: this ban is no more.”
What happens next
The court’s order vacated visa denials based solely on the nationality-based policy, with CNN reporting that Vargas reversed any visa denial based solely on the policy and said the administration’s rationale was “contrary to law” and outside Rubio’s statutory authority.
“contrary to law and outside the statutory authority of Secretary of State Marco Rubio”
CNN also reported that a cable Rubio sent to every diplomatic and consular post directed officers to refuse applicants even when someone “provides additional evidence that demonstrates he or she overcomes the public charge refusal,” and Vargas wrote, “The outcome is predetermined.”
The Associated Press said the policy was challenged by two nonprofit organizations along with 11 individuals, including six whose family members had been refused visas, while five other plaintiffs were outside the country and had filed “employment-based petitions” to come to the United States.
The Associated Press further reported that the State Department said Saturday it was “protecting the American people by upholding the highest standards of screening and vetting of visa applicants,” and it said the administration can appeal the ruling as the case continues.