A US federal judge has overturned the Trump administration’s immigrant visa freeze affecting nationals of 75 countries, ruling the policy was contrary to law.
Judge Jeannette Vargas of the Southern District of New York issued the ruling Friday, August 21, finding that consular officers had been instructed to reject immigrant visa applications based on nationality rather than an individualized assessment of whether applicants were likely to become a public charge.
The State Department introduced the policy in January, arguing it was intended to prevent immigrants from unlawfully relying on US welfare and public benefits.
The freeze covered permanent residence visas for people seeking to join family members or take jobs in the United States, but did not apply to tourist or student visas.
Under US immigration law, public-charge determinations require consideration of an applicant’s financial resources, age, health, skills and family circumstances.
Vargas found the government’s instructions effectively predetermined some decisions, even when applicants provided evidence addressing those concerns.
The judge also cited a 1965 law prohibiting nationality based discrimination in visa issuance.
She distinguished the administration’s reliance on a 2018 Supreme Court ruling, saying that case concerned presidential authority over entry rather than the separate question of whether a visa could be issued.
The affected countries span Africa, the Caribbean, the Middle East, Central Asia, Southeast Asia and the Balkans.
Plaintiffs included US citizens whose relatives were affected, as well as Colombian applicants pursuing employment based visas.
The administration can appeal. Vargas gave both sides until September 11 to propose how the remaining issues should be resolved.
