A federal judge ruled against the Trump administration’s pause on issuing visas to immigrants from 75 countries on Friday, delivering a significant setback to the president’s immigration crackdown.
In a 61-page decision, U.S. District Judge Jeannette Vargas found that the policy was “contrary to law” and was “in excess” of Secretary of State Marco Rubio’s legal authority.
The visa pause order was announced by the Trump administration in January as part of its efforts to curb an influx of immigrants they argued would place a strain on U.S. safety net programs.
The Scope of the Ban
Vargas, who was nominated by former President Joe Biden, noted in her ruling that this ban affected nearly 40 percent of the world’s countries, including Egypt, Afghanistan, Somalia, Haiti, Iran, Brazil, and Russia.
At the time of the announcement, the State Department wrote in a social media post: “We are working to ensure the generosity of the American people will no longer be abused.”
The Legal Reasoning
In her ruling, the federal judge cited the Immigration Nationality Act provision that “categorically prohibits” consular officers from basing their decisions in the visa review process on nationality.
“Consular officers are required to conduct an individualized assessment of applicants and to refuse visas only to those whom the consular officer finds ineligible. The Policy nonetheless directs consular officers to refuse eligible applicants,” Vargas wrote.
Additionally, Vargas noted that the INA confers consular officers’ exclusive authority over the visa application review process.
“Through the Policy, Secretary Rubio nonetheless overrides consular discretion and decision-making and dictates whether immigrant visas shall be granted or denied,” the judge wrote. “The Policy is thus patently unlawful and must be vacated under the Administrative Procedure Act.”
The Reaction
The National Immigration Law Center, one of the groups representing the plaintiffs, called the ruling a “significant victory” in a Friday statement.
“The court made clear that immigration laws cannot be used to justify discrimination,” said Joanna Cuevas Ingram, a senior staff attorney at the organization. “We are determined to ensure every person and family this ban harmed receives appropriate relief and will continue to hold this administration accountable to its obligations under the law.”
A Pattern of Setbacks
The ruling is the latest blow to the Trump administration’s efforts to crack down on immigration. In June, a federal judge ruled against the administration’s decision to bar the processing of any immigration application from 39 countries, stalling requests for work permits, green cards, and citizenship applications.
The Bottom Line
A federal judge has blocked the Trump administration’s visa ban on 75 countries, ruling that the policy was “contrary to law” and exceeded Secretary of State Marco Rubio’s authority. The judge found that the ban violated the Immigration Nationality Act by preventing consular officers from conducting individualized assessments of visa applicants. The decision is the latest in a series of legal setbacks for the administration’s immigration crackdown.
