In a major legal defeat for the administration, a U.S. federal judge struck down the President Donald Trump administration’s blanket ban on immigrant visas for individuals from 75 countries.
The directive which was issued earlier this year broadly halted green card and immigrant visa applications for applicants from specific nations under the claim that they posed a risk of becoming dependent on government public benefits.
A direct conflict with federal law
U.S. District Judge Jeannette A. Vargas in Manhattan issued the ruling declaring that the Secretary of State exceeded statutory authority by issuing the nationwide suspension.
The court noted that the policy unlawfully took away individual decision-making power from consular officers. As Judge Vargas explicitly wrote in her ruling:
“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.”
Unlawful blanket discrimination
The court found that the executive action violated the Immigration and Nationality Act of 1965, which explicitly prohibits nationality-based discrimination in granting visas.
The ruling highlighted that federal immigration law requires individualized evaluations for applicants rather than broad bans. Judge Vargas noted that the law avoids drawing “pernicious distinctions based upon nationality.”
Restoring case-by-case reviews
Civil rights organizations and legal advocacy groups celebrated the court’s decision emphasizing its impact on separated families. Legal advocates stressed that the law requires a personal review instead of mass rejections.
As Skye Perryman, President and CEO of Democracy Forward, stated following the verdict, “The Trump-Vance administration cannot weaponize immigration law to blacklist entire countries, separate families and deny people rights guaranteed by the Constitution without being held accountable.”
Next steps for visa processing
The federal court officially vacated and set aside any visa denials made under the policy. The decision orders the U.S. Department of State to immediately resume fair, individual assessments for immigrant applicants from all affected 75 nations.
