Applicants with strong financial evidence still faced a predetermined outcome, prompting a legal challenge over nationality-based visa decisions.
Federal Judge Jeannette Vargas in Manhattan has struck down the Donald Trump administration’s ban on issuing immigrant visas to citizens of 75 countries. The court concluded that the policy violated the law and exceeded the authority of Secretary of State Marco Rubio.
In January, the State Department halted the processing of immigrant visas for citizens of 75 countries, accounting for nearly 40% of the world’s nations. The restrictions affected applicants from Brazil, Colombia, Egypt, Haiti, Somalia, and Russia, among others.
The department explained that it introduced the restrictions to prevent people who could potentially become dependent on public assistance from entering the United States. However, the ban did not apply to nonimmigrant visas, including tourist and student visas.
Why the court overturned the immigrant visa ban
The restrictions affected people planning to move to the United States to join relatives or for employment. The law requires any applicant’s likely dependence on government assistance to be assessed individually.
Such a review must take into account a person’s financial situation, age, health, professional skills, and family circumstances. However, Jeannette Vargas found that consular officers had effectively been instructed to deny applicants based on their country of origin, even when there was evidence of financial self-sufficiency.
The outcome is predetermined. The visa will be denied.
– Jeannette Vargas
In the judge’s view, this approach violates a 1965 law that prohibits discrimination based on nationality in visa issuance. The court also noted that the Secretary of State cannot replace individual decisions by consular officers with a blanket ban on citizens of specific countries.
Who the court case concerned
The lawsuit was filed by people affected by the visa restrictions:
six U.S. citizens whose relatives from Ghana, Jamaica, Guatemala, and Ethiopia were unable to obtain immigrant visas;
five Colombian citizens who applied for work visas.
At the same time, the court’s decision does not overturn visa denials issued on other lawful grounds. The parties must submit their proposals for further proceedings by September 11. The Trump administration may also appeal the judge’s ruling.