US judge strikes down Trump visa suspension covering 75 countries

A federal judge in New York has overturned a Trump administration policy that suspended visa processing for nationals of 75 countries, including Afghanistan, Iran, Russia and Somalia.

US District Judge Jeannette Vargas ruled on Friday that the policy was “contrary to law and in excess of statutory authority”.

Vargas, who was appointed by former president Joe Biden, found that Secretary of State Marco Rubio had exceeded his powers by ordering the suspension. She said the measure violated the Immigration and Nationality Act by requiring visas to be refused to otherwise eligible applicants without a lawful basis.

The judge also held that the policy undermined the authority granted by Congress to consular officers to assess individual visa applications against criteria specified in law.

“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.

She said categorically prohibiting immigrant visas on the basis of an applicant’s nationality directly disregarded that statutory framework.

Two non-profit organisations and 11 individuals had challenged the policy. Six of the individual plaintiffs had relatives whose visa applications were rejected, while the remaining five were living outside the US and had submitted employment-based petitions to enter the country.

Anna Gallagher, executive director of the Catholic Legal Immigration Network, Inc. (CLINIC), welcomed the decision, saying the case was fundamentally about keeping families together.

“This decision affirms both those values and the rule of law, allowing families to once again move forward toward reunification,” she said.

President Donald Trump’s administration has introduced an expanding series of immigration and travel restrictions, primarily affecting people from countries in Africa, Asia and Latin America.

Responding to the ruling, the State Department said the administration was protecting Americans by applying rigorous screening and vetting standards to visa applicants. It declined to comment further, citing the continuing litigation.

When the policy was announced, the department said consular officials had been instructed to stop processing immigrant visa applications from the 75 countries. The directive followed a broader order issued in November tightening scrutiny of prospective immigrants considered likely to become “public charges” by relying on government assistance.

Citing data from the Council of Economic Advisers, the State Department said more than 30 per cent of households involving immigrants from the affected countries received some form of public support.

Separate instructions sent to US embassies and consulates also called for non-immigrant visa applicants to be thoroughly assessed over the possibility that they might seek public benefits after entering the country.

According to a diplomatic cable obtained by The Associated Press, applicants were required to demonstrate that they would not seek such assistance. Consular officials who had doubts could ask them to provide additional evidence of their financial position.

The judgment marks another legal setback for Trump’s immigration policies. In June, a federal judge invalidated a separate measure that had restricted access to asylum, work permits, permanent residency and citizenship applications for immigrants from dozens of countries.

That court found that the policy had left numerous immigrants in prolonged legal uncertainty and accused US Citizenship and Immigration Services of failing to comply with the law.

With PTI inputs