Judge Voids Trump's 75-Country Immigrant Visa Ban

A federal judge has struck down the Trump administration's policy suspending immigrant visa processing for nationals of 75 countries, ruling it illegal and beyond the secretary of state's power.

U.S. District Judge Jeannette Vargas of the Southern District of New York set the policy aside Friday as "contrary to law and in excess of statutory authority." Vargas is an appointee of former President Joe Biden.

Secretary of State Marco Rubio exceeded his authority by issuing the policy, Vargas ruled, because it "runs afoul" of the Immigration and Nationality Act by mandating "the refusal of visas to eligible applicants without any basis in law."

What the Ruling Actually Does

The policy took effect in January and halted the processing of immigrant visas — the permanent-residence category covering family reunification and employment-based petitions — for nationals of 75 countries. Countries on the list included Afghanistan, Brazil, Egypt, Iran, Iraq, Nigeria, Russia, Somalia, Thailand and Yemen, according to CTV News and PBS NewsHour. Per Wire's reporting on the ruling, tourist and student visas were not covered by the suspension.

The ruling vacates visa denials that rested solely on the nationality policy. Denials grounded in other legal reasons stand.

Vargas wrote that the policy strips consular officers of a role Congress gave them. "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."

Who Sued

The policy was challenged by two nonprofit organizations along with 11 individuals, PBS NewsHour reported. Six of them had family members refused visas; the other five are outside the United States and had filed employment-based petitions to come here.