Trump’s 75-Country Immigrant Visa Ban Struck Down by Judge

The Trump administration’s ban on visas for immigrants from 75 countries was struck down by a federal judge on Friday, who ruled it was “contrary to law” and outside the statutory authority of Secretary of State Marco Rubio.

In January, the State Department paused the issuance of immigrant visas from almost 40% of the world’s nations – including Brazil, Colombia, Egypt, Haiti, Somalia and Russia – in a move that it said would prevent the entry of people who would “take welfare and public benefits.”

Judge Jeannette Vargas of the Federal District Court in Manhattan took issue with the State Department’s rationale for the policy, reversing any visa denial based solely on it – in another setback to the Trump administration’s immigration crackdown.

Under the law, an immigrant can only be turned away as a likely “public charge” (someone expected to depend on government support) after a consular officer weighs that person’s own finances, age, health, skills and family situation.

Judge Vargas found that, in practice, US officers were ordered to reject visas for applicants, even those who could support themselves, solely based on the country they came from.

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Denials that rested on other legal grounds stand, even where an officer also cited the ban, leaving the number of reversals expected unclear.

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Vargas, an appointee of former President Joe Biden, gave both sides until September 11 to propose how to resolve what remains of the case. The administration can appeal the ruling.

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