US court strikes down Trump-era visa ban for 75 countries

A U.S. District Court judge has struck down a Trump administration policy that halted visa processing for citizens of 75 countries, including Afghanistan, Iran, Russia, and Somalia. Judge Jeannette Vargas ruled the policy unlawful, stating it exceeded the administration's authority and violated the Immigration and Nationality Act.

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The categorical prohibition of issuing immigrant visas based on the applicant's nationality represents a direct violation of this statutory provision.

Vargas found that the policy, which mandated consular officers to deny visas to "otherwise eligible applicants without any legal basis," overstepped the authority granted by Congress. She emphasized that Congress vested consular officers with the exclusive discretion to determine visa eligibility based on specific legal criteria.

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The Secretary of State's policy, which mandated the denial of visas to otherwise eligible applicants without any legal basis, exceeded his authority and violated the Immigration and Nationality Act.

The judge stated that categorically prohibiting visa issuance based on an applicant's nationality directly contravenes this legal framework. The State Department had previously instructed consular officers to halt immigrant visa applications from 75 countries under a broader order enacted in November. This order aimed to tighten rules concerning potential immigrants deemed likely to become a public charge, citing data that over 30% of households with immigrants from these nations received some form of public assistance.

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Congress has granted these officers the sole and discretionary authority to determine whether an immigrant is eligible for a visa by examining the specific and detailed criteria set forth in the law.