A federal judge in New York has vacated a Trump administration policy that suspended the processing of visas from 75 countries, including Afghanistan, Iran, Russia and Somalia, whose nationals the Trump administration deemed likely to require public assistance in the United States.
U.S. District Judge Jeannette Vargas, an appointee of former President Joe Biden, set aside the policy Friday as “contrary to law and in excess of statutory authority.”
Secretary of State Marco Rubio exceeded his authority by issuing the policy, which “runs afoul” of the Immigration and Nationality Act by mandating “the refusal of visas to eligible applicants without any basis in law,” the judge ruled.
Judge says power lies with consular officers
Vargas said the policy also undermines the congressional requirement that puts consular officers at the forefront of any visa decision.
“Congress imbued these officers with exclusive authority and discretion to determine if an immigrant is eligible for a visa based upon review of specific and detailed criteria set forth in the statute,” she wrote. “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 policy was challenged by two nonprofit organizations along with 11 individuals, including six whose family members had been refused visas. The remaining five are outside the country and had filed “employment-based petitions” to come to the United States.
Advocates say keeping families apart is cruel
“We welcome this ruling because, at its heart, this case is about keeping families together,” said Anna Gallagher, the executive director of CLINIC, a national nonprofit that provides training, resources, and support to a network of immigration legal service providers and was one of the plaintiffs.
“Catholic social teaching calls us to uphold the dignity of every person and recognize the family as the foundation of society,” she said in a statement. “This decision affirms both those values and the rule of law, allowing families to once again move forward toward reunification.”Another plaintiff is African Communities Together, a Harlem-based nonprofit. One of its leaders called the ruling “a tremendous victory for the rule of law.”
“This unlawful and racist ban caused immeasurable harm, cruelly keeping families and loved ones apart,” Diana Konate, deputy executive director for policy and advocacy, said in a statement. “Today, we are elated to tell our community members: this ban is no more.”
Trump expands his anti-immigration agenda
President Donald Trump has imposed a growing list of immigration and travel bans mostly for people from Africa, Asia and Latin America. The State Department said Saturday that the Trump administration is “protecting the American people by upholding the highest standards of screening and vetting of visa applicants,” and that it would not comment on pending litigation.
At the time the policy was issued, the State Department said it had instructed consular officers to halt immigrant visa applications from the 75 countries in accordance with a broader order in November that tightened rules around potential immigrants who might become “public charges.” Relying on Council of Economic Advisers data, the State Department said that more than 30 percent of households with immigrants from these countries received some form of public assistance.
A separate notice sent to all U.S. embassies and consulates said that non-immigrant visa applicants also should be “fully vetted and screened” for the possibility that they might seek public benefits in the United States.
The cable, a copy of which was obtained by The Associated Press, noted several times that the applicant must prove they won’t apply for public benefits while in the U.S., and that consular officers who suspect the applicant might apply should require them to fill out a form proving their financial bona fides.
The ruling is the latest example of the courts upending Trump’s immigration agenda. In June, a federal judge struck down a Trump administration policy that made it harder for immigrants from dozens of countries to enter and stay in America — affecting elements like asylum, work permits, green cards, and citizenship applications. That judge said the policy threw countless immigrants’ lives “into indeterminate legal limbo,” and accused the U.S. Citizenship and Immigration Services of ignoring the law.
