A US federal judge has struck down the Trump administration’s policy suspending immigrant visa processing for nationals of 75 countries, ruling that Secretary of State Marco Rubio exceeded his legal authority when the State Department introduced the nationality-based restrictions.
The decision came in a lawsuit brought by immigrant rights groups, immigrant visa applicants and US citizens sponsoring family members from affected countries. Trump has made immigration enforcement and tighter controls on entry a central part of his administration’s policy. His administration has argued that tougher immigration measures are necessary to protect national security and reduce pressure on government resources. For applicants from the countries covered by the January policy, the immediate impact of the ruling will depend on how the State Department responds and whether the administration seeks to appeal the decision.
US District Judge Jeannette Vargas in Manhattan issued the ruling Friday, August 21, saying the policy conflicted with federal immigration law. The State Department introduced the suspension in January, blocking the issuance of immigrant visas to applicants from 75 countries.
The administration had argued that people from those countries were at a higher risk of becoming a “public charge” and relying on government resources in the United States . Vargas, a Biden appointee, described the policy as “patently unlawful” and said it improperly gave the secretary of state authority over consular officers’ processing of immigrant visas. “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,” Vargas wrote in her ruling, according to Reuters . Earlier reporting noted: “Patently Unlawful”: US Judge Strikes Policy Suspending Immigrant Visa For 75 Nations “Patently Unlawful”: US Judge Strikes Policy Suspending Immigrant Visa For 75 Nations “Patently Unlawful”: US Judge Strikes Policy Suspending Immigrant Visa For 75 Nations Earlier reporting noted: A US judge on Friday struck down a Trump administration policy suspending the issuance of immigrant visas to applicants from 75 countries, saying that the policy exceeded Secretary of State Marco Rubio’s statutory authority. Earlier reporting noted: US District Judge Jeannette Vargas in Manhattan said the policy that the State Department announced in January was “patently unlawful” and ran afoul of federal immigration law, which explicitly stripped the secretary of state of authority over consular officers’ processing of immigrant visas.
