A federal judge has ruled against the Trump administration's freeze on immigrant visas from 75 countries, stating that Secretary of State Marco Rubio lacked the legal authority to deny applications from individuals who were otherwise eligible to enter the United States. U.S. District Judge Jeannette Vargas, appointed by President Biden, vacated the State Department policy and ordered the government to reevaluate the visa applications affected by this freeze.
The policy, enacted in January, had suspended immigrant visa issuance to nationals from countries deemed at high risk of becoming dependent on public benefits. This list included nations from Africa, Latin America, the Caribbean, Eastern Europe, Southeast Asia, and the Middle East. Judge Vargas stated that the policy effectively created a nationality-based ban on immigrants from nearly 40% of the world's countries and undermined the role of consular officers, who are responsible for determining visa eligibility.
In her 61-page opinion, Vargas noted that the policy violated the Immigration and Nationality Act (INA) by imposing nationality-based discrimination and failing to provide a legal basis for denying visas to applicants already found eligible. The ruling does not affect visa denials based on other grounds but nullifies refusals based solely on the 75-country freeze, directing the government to handle those cases in accordance with the court's decision. The lawsuit was initiated by several advocacy groups and individuals seeking to bring family members to the U.S.