Federal court rules Trump administration’s 75-country visa freeze exceeds statutory authority
A Manhattan judge has declared the suspension of immigrant visas for nationals from 75 countries “patently unlawful,” finding that the policy stripped consular officers of their adjudication powers under federal law.
A federal judge in the Southern District of New York has struck down a policy suspending the issuance of immigrant visas to applicants from 75 countries, ruling that the measure exceeded the statutory authority of Secretary of State Marco Rubio. Judge Jeannette Vargas, a Biden appointee, declared the policy “patently unlawful” on Friday, stating it conflicted with federal immigration law by stripping the Secretary of State of authority over consular officers’ adjudication of immigrant visas.
The ruling was issued in a lawsuit filed by the Catholic Legal Immigration Network, African Communities Together, visa applicants, and US citizens sponsoring family members. Vargas wrote that the policy, which categorically prohibits the issuance of immigrant visas based on the nationality of the applicant, represents a direct abrogation of the statutory scheme.
The suspension, which took effect in January of this year, affected nationals from Latin America, including Brazil, Colombia, and Uruguay; the Balkans, including Bosnia and Albania; South Asia, including Pakistan and Bangladesh; and many nations in Africa, the Middle East, and the Caribbean. The State Department’s justification for the suspension was that applicants from the affected countries were “at a high risk for becoming a public charge” and relying on government resources.
This freeze is part of a broader immigration crackdown by the Trump administration, which President Donald Trump has argued is aimed at improving domestic security. According to the Center for Constitutional Rights, the measure followed a broader travel ban covering 39 countries that took effect on 1 January, and a pause on diversity visa issuance in late December.
Rights groups have raised concerns that the crackdown violates free speech and due process rights, particularly regarding racial profiling of minorities. However, the specific legal mechanism for how the State Department will resume or adjust visa processing for the 75 affected countries remains to be seen.
The State Department has not yet commented on the ruling, and it is unclear whether the Trump administration will appeal the decision or seek a stay of execution.
