Federal judge strikes down Trump policy freezing immigrant visa processing for 75 countries

A federal judge ruled that Secretary of State Marco Rubio exceeded his authority by suspending immigrant visas based on applicants’ nationality.

A federal judge has struck down the Trump administration’s policy freezing immigrant visa processing for applicants from 75 countries, including several nations with large Black populations. The ruling reverses a major piece of the administration’s immigration crackdown after TheGrio reported on the January freeze affecting countries including Nigeria, Jamaica, Haiti, Ethiopia and Somalia, as well as a separate H-1B fee ruling against Trump’s $100,000 visa fee.

U.S. District Judge Jeannette Vargas in Manhattan ruled Friday that Secretary of State Marco Rubio exceeded his legal authority by suspending immigrant visa issuance based on applicants’ nationality. According to Reuters, Vargas called the policy “patently unlawful,” finding that federal immigration law does not authorize him to categorically direct consular officers to stop processing immigrant visas.

The suspension took effect in January and covered countries across Africa, the Caribbean, Latin America, the Middle East, the Balkans and South Asia. Among the affected countries were Brazil, Colombia, Uruguay, Bosnia, Albania, Pakistan and Bangladesh, along with numerous African and Caribbean nations.

The State Department had argued that applicants from the 75 countries faced a high risk of becoming a “public charge” and relying on local, state or federal government resources in the United States.

The lawsuit challenging the policy was brought by Catholic Legal Immigration Network and African Communities Together, along with immigrant visa applicants and U.S. citizens sponsoring relatives from the affected countries.

Vargas said the blanket restriction conflicted with the immigration system established by Congress because it blocked immigrant visa processing solely on nationality. The State Department did not immediately comment on the ruling.

President Donald Trump has defended his administration’s broader immigration crackdown as necessary for domestic security. Rights groups have challenged several administration policies in court, citing concerns including due process, free speech and racial profiling.