A federal judge has overturned a ban imposed by the Trump administration on issuing immigrant visas to individuals from 75 countries, stating that the policy breached federal immigration law by discriminating based on nationality.
Earlier this year, the State Department announced it would stop issuing immigrant visas to citizens from Afghanistan, Brazil, Yemen, and numerous other nations, as the Trump administration concluded that individuals from these countries were likely to require public assistance upon arriving in the United States.
According to a ruling made on Friday by District Judge Jeannette A. Vargas in the Southern District of New York, the policy would have prevented the U.S. government from granting immigrant visas even in instances where consular officers evaluated applicants on a case-by-case basis and found them likely to be self-sufficient in the U.S. Vargas noted, “In many ways, this is not a challenging case.” She pointed out that the Immigration and Nationality Act of 1952 forbids discrimination based on nationality in the issuance of immigrant visas. However, the judge remarked that the Trump administration’s policy prohibited certain individuals from obtaining immigrant visas “based solely on their nationality.”
Vargas referenced a U.S. diplomatic cable that directed consulates to deny immigrant visas to applicants who had already received approval but whose printed visas had not yet been dispatched from the consulate.
The judge stated that the Trump administration’s policy was “contrary to law” and exceeded the authority of Secretary of State Marco Rubio. Her ruling annulled the visa ban and also invalidated visa denials that were solely based on this policy.
A spokesperson for the State Department informed NPR that the Trump administration is “protecting the American people by upholding the highest standards of screening and vetting of visa applicants,” while adding that the administration refrains from commenting on ongoing legal matters. When the ban was announced, the State Department indicated that the policy would “remain active until the U.S. can ensure that new immigrants will not extract wealth from the American people.”
Susan Welber, the supervising attorney at The Legal Aid Society, which represented the plaintiffs in the lawsuit against the federal government, stated that the visa ban affecting 75 countries was “based on a false premise” suggesting that individuals from these nations would likely misuse public resources upon arriving in the U.S.
“Whenever we can challenge policies rooted in falsehoods, misconceptions, and biases, we contribute to a more equitable immigration system,” Welber remarked.
The lawsuit’s plaintiffs included the Catholic Immigration Legal Network and African Communities Together, organizations that offer immigration legal assistance, along with six U.S. citizens who submitted family-based immigration petitions for their relatives, and five “intending immigrants” who filed employment-based petitions for themselves.
“The halt of lawful visa processing across 75 countries resulted in the separation of spouses, parents, and children who were merely adhering to the legal immigration procedures,” Anna Gallagher, executive director of the Catholic Legal Immigration Network, expressed in a statement.
The attorneys for the plaintiffs indicated that the ruling issued on Friday will enable their clients to continue with the immigration process.
“For families from 75 countries, this ruling signifies a return to fair, individualized assessments, and an opportunity to reunite with their loved ones,” stated Antionette Dozier, senior attorney for the Western Center on Law & Poverty, which represented the Catholic Legal Immigration Network. “No administration has the authority to bypass the law simply because it finds an applicant’s nationality objectionable.”