A federal judge in New York has vacated a Trump administration policy that suspended immigrant visa processing for applicants from 75 countries, including Afghanistan, Iran, Russia, and Somalia.
The administration had enacted the measure on the grounds that nationals from these countries were likely to require public assistance in the United States.
U.S. District Judge Jeannette Vargas ruled Friday that the directive was “contrary to law and in excess of statutory authority.”
Vargas determined that Secretary of State Marco Rubio exceeded his authority by issuing a policy that “runs afoul” of the Immigration and Nationality Act by mandating “the refusal of visas to eligible applicants without any basis in law.”
In her ruling, Vargas stated that the policy infringed on the statutory role assigned to consular officers.
“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,” Vargas 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 legal challenge was filed by two nonprofit organizations and 11 individuals. Among the plaintiffs were six individuals whose relatives had been denied visas and five located outside the United States who had submitted employment-based petitions.
“This is a victory for justice and fairness,” said Susan Welber, Supervising Attorney with the Civil Practice at The Legal Aid Society. “The Administration cannot weaponize the public charge ground of inadmissibility to keep families apart. We call on the State Department to immediately resume consular processing for our individual plaintiffs and all others impacted by this blatant lawlessness.”
The State Department said Saturday that the administration is “protecting the American people by upholding the highest standards of screening and vetting of visa applicants,” while declining to comment on pending litigation.
When implementing the policy, the State Department directed consular officers to pause immigrant visa applications from the 75 designated nations pursuant to a November directive addressing applicants who might become “public charges.”
Citing data from the Council of Economic Advisers, the department reported that over 30 percent of immigrant households from those countries received public assistance.
A separate directive issued to U.S. embassies and consulates instructed staff that non-immigrant visa applicants must also be vetted for potential public benefit use.
The decision follows other legal rulings on administration immigration measures, including a June court decision that halted restrictions affecting asylum, work permits, green cards, and citizenship applications on the grounds that the rules placed applicants in “indeterminate legal limbo.”
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