US judge strikes down Trump visa suspension for 75 countries

A New York federal judge vacated the Trump administration's visa suspension for nationals of 75 countries. The ruling said the policy lacked legal basis and improperly overrode consular officers' authority.

In Short

• Judge Vargas said the State Department policy exceeded statutory authority
• The order had stopped immigrant visa processing for applicants from 75 countries
• Court said consular officers, not blanket nationality rules, must assess eligibility

A federal judge in New York has set aside a Trump administration policy that suspended the processing of visas from 75 countries, including Afghanistan, Iran, Russia and Somalia. The administration had said nationals of these countries were more likely to require public assistance in the United States.

US District Judge Jeannette Vargas ruled on Friday that the policy was “contrary to law and in excess of statutory authority”. She said Secretary of State Marco Rubio had exceeded his authority by issuing a policy that “runs afoul” of the Immigration and Nationality Act by requiring “the refusal of visas to eligible applicants without any basis in law”.

Vargas also said the policy undermined Congress’s requirement that consular officers should be central to visa decisions. “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 non-profit organisations and 11 individuals. Six of them said their family members had been refused visas, while the other five were outside the US and had filed employment-based petitions to enter the country.

Anna Gallagher, executive director of CLINIC, one of the plaintiffs, said: “We welcome this ruling because, at its heart, this case is about keeping families together.” In a statement, she added: “Catholic social teaching calls us to uphold the dignity of every person and recognise the family as the foundation of society. This decision affirms both those values and the rule of law, allowing families to once again move forward toward reunification.”

President Donald Trump has imposed a growing list of immigration and travel bans, mostly affecting people from Africa, Asia and Latin America. Responding on Saturday, the State Department said the administration was “protecting the American people by upholding the highest standards of screening and vetting of visa applicants”, and added that it would not comment on pending litigation.

When the policy was issued, the State Department said it had directed consular officers to stop processing immigrant visa applications from the 75 countries under a wider November order tightening rules for potential immigrants who might become “public charges”. Citing Council of Economic Advisers data, it said more than 30 per cent of households with immigrants from these countries received some form of public assistance.

A separate notice sent to US embassies and consulates said non-immigrant visa applicants should also be “fully vetted and screened” for the possibility that they might seek public benefits in the US. The cable, obtained by The Associated Press, said applicants had to show they would not apply for public benefits, and that consular officers who suspected otherwise should ask them to complete a form proving their financial bona fides.

The ruling is the latest court setback for Trump’s immigration agenda. In June, another federal judge struck down a policy that 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. That judge said the policy had thrown countless immigrants’ lives “into indeterminate legal limbo” and accused US Citizenship and Immigration Services of ignoring the law.

In sum, the New York ruling has vacated the visa policy for nationals of 75 countries, with the court holding that it lacked a legal basis and improperly took visa decisions away from consular officers, even as the administration defended it as part of stricter screening and vetting.

With PTI Inputs

- Ends