- A New York federal judge on Friday struck down a U.S. Department of State policy that halted the issuance of visas to immigrants from 75 countries, finding the policy "patently unlawful"...
- Judge Jeannette Vargas of Manhattan ruled that the policy exceeded Secretary of State Marco Rubio’s statutory authority and conflicted with federal immigration law.
- The policy was described as a direct abrogation of the statutory scheme governing consular officers’ adjudication of immigrant visas.
- The State Department has not yet commented on the ruling.
- The suspension of immigrant visas affected applicants from various regions, including Latin America, the Balkans, South Asia, the Middle East, and the Caribbean.
- Immigrant rights groups, including Catholic Legal Immigration Network and African Communities Together, filed a lawsuit challenging the policy.
A federal judge in New York has struck down a visa ban affecting immigrants from 75 countries, deeming it "patently unlawful." Judge Jeannette Vargas ruled that the policy exceeded Secretary of State Marco Rubio’s statutory authority and conflicted with federal immigration law.23
The ruling came in response to a lawsuit filed by immigrant rights groups, including the Catholic Legal Immigration Network and African Communities Together, alongside visa applicants and U.S. citizens sponsoring family members from the affected countries. Vargas noted that the policy represented a direct abrogation of the statutory scheme governing visa issuance.6
“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,” Vargas stated in her ruling. The ban, which took effect in January, impacted applicants from various regions, including Latin America, the Balkans, South Asia, the Middle East, and the Caribbean.
The Department of State had justified the ban by claiming that applicants from these countries posed a high risk of becoming public charges. However, rights groups argue that such measures violate free speech and due process rights, particularly for minorities, raising concerns about racial profiling.
As of now, the State Department has not commented on the ruling, leaving many to speculate on the future of visa policies under the current administration.4
“The ruling, issued by Biden appointee Jeannette Vargas, came in a lawsuit filed by Catholic Legal Immigration Network and African Communities Together. The ban, effective since January, targeted countries including Colombia, Pakistan, and Bosnia, with the State Department citing 'high risk' of becoming a public charge.”
