US judge strikes down Trump immigrant visa ban affecting 75 countries

A federal judge in Manhattan has delivered a significant blow to a Trump-era immigration policy, striking down the State Department's suspension of immigrant visas for applicants from 75 countries. U.S. District Judge Jeannette Vargas ruled on Friday that the policy, implemented in January of this year, was "patently unlawful" and exceeded the statutory authority granted to the Secretary of State.

Judge Vargas, appointed by former President Joe Biden, found that the policy directly conflicted with federal immigration law. The law explicitly prohibits the Secretary of State from dictating the adjudication of immigrant visas by consular officers. The judge wrote that the policy "categorically prohibits the issuance of immigrant visas based upon the nationality of the applicant, [and] represents a direct abrogation of this statutory scheme."

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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.

The ruling came in response to a lawsuit filed by immigrant rights groups, including Catholic Legal Immigration Network and African Communities Together, alongside visa applicants and U.S. citizens sponsoring family members. The suspended visas impacted individuals from diverse regions, encompassing Latin American nations like Brazil and Colombia, Balkan countries such as Bosnia and Albania, South Asian countries including Pakistan and Bangladesh, and numerous nations across Africa, the Middle East, and the Caribbean.

The State Department had previously justified the suspension by stating that applicants from these countries posed a "high risk for becoming a public charge" and could potentially rely on U.S. government resources. This policy was part of a broader immigration crackdown pursued by the Trump administration, which rights groups have argued may violate free speech and due process rights, particularly for minority groups, citing concerns about racial profiling. The State Department has yet to issue a comment on the judge's ruling.

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patently unlawful