Federal Judge Vacates Trump Policy Suspending US Visa Processing For Nationals Of 75 Countries

A federal judge in New York has vacated a Trump administration policy that suspended the processing of immigrant visas for nationals of 75 countries, including Afghanistan, Iran, Russia and Somalia.

US District Judge Jeannette Vargas, an appointee of former President Joe Biden, set aside the policy on Friday, ruling that it was “contrary to law and in excess of statutory authority.”

Vargas said Secretary of State Marco Rubio exceeded his authority by introducing the policy, which she found conflicted with the Immigration and Nationality Act by requiring the refusal of visas to otherwise eligible applicants without a legal basis.

The judge also said the policy undermined Congress' requirement that consular officers have primary authority over individual visa decisions. She noted that officers are required to assess applicants based on specific criteria established under federal immigration law.

The policy was challenged by two nonprofit organisations and 11 individuals, including six people whose family members had been denied visas. Five others outside the US had filed employment based petitions seeking to enter the country.

“We welcome this ruling because, at its heart, this case is about keeping families together,” said Anna Gallagher, executive director of the Catholic Legal Immigration Network, Inc. (CLINIC), one of the plaintiffs.

The State Department said Saturday that the administration was protecting Americans by maintaining high standards for screening and vetting visa applicants, but declined to comment on ongoing litigation.

The policy had been introduced as part of broader efforts to tighten immigration rules concerning people who could potentially become a “public charge” in the US.

The State Department had cited Council of Economic Advisers data claiming that more than 30 per cent of households with immigrants from the affected countries received some form of public assistance.

The department had also instructed US embassies and consulates to closely scrutinise non immigrant visa applicants for the possibility that they could seek public benefits.

The ruling marks another legal setback for Trump's immigration agenda. In June, a federal judge struck down another administration policy that had made it harder for immigrants from dozens of countries to enter and remain in the US, affecting asylum, work permits, green cards and citizenship applications.

The judge in that case said the policy had left countless immigrants in “indeterminate legal limbo” and accused US Citizenship and Immigration Services of failing to follow federal law.