A federal judge on Friday struck down a Trump administration policy that paused immigrant visa processing for nationals of 75 countries, ruling that refusals based solely on the directive must be reconsidered under the normal immigration law. U.S. District Judge Jeannette A. Vargas said the policy, announced by the State Department in January, was unlawful and went beyond the statutory powers of the secretary. Her order requires consular officers to review affected cases without relying on the nationality-based suspension. Policy Set Out In JanuaryThe State Department’s January directive instructed U.S. embassies and consulates to halt immigrant visa adjudications for applicants from 75 countries while the department reassessed its vetting procedures under existing immigration rules. In announcing the pause, the department said it was intended to prevent the entry of foreign nationals whom it described as likely to take welfare and public benefits. The policy effectively barred immigrant visa issuance based on the applicant’s nationality, rather than on the individual facts of a case or eligibility determinations made through the usual legal framework. Judge Finds It Exceeds AuthorityVargas said the policy conflicts with federal immigration law, which gives consular officers “exclusive authority and discretion” to decide whether an applicant is eligible for an immigrant visa. “The Policy, which categorically prohibits the issuance of immigrant visas based upon the nationality of the applicant, represents a direct abrogation of this statutory scheme,” Vargas wrote. The judge said the directive was issued in excess of the statutory authority available to Secretary Rubio and that it contradicted the law governing immigrant visa adjudications. In addition to invalidating the suspension, the ruling vacates visa denials that were issued solely because the policy was in place, meaning applicants in those categories must receive new decisions based on the standard legal process rather than the blanket nationality-based pause. Impact on Families and Next StepsThe lawsuit was filed by the Catholic Legal Immigration Network Inc., according to the report. Anna Gallagher, the group’s executive director, said the suspension separated spouses, parents and children who were only seeking to follow the regular immigration procedures. She said the decision affirms family reunification and the rule of law. The State Department did not immediately respond to a request for comment from ABC News. The report also said the department has not indicated whether it will appeal the ruling. When the policy was first announced, a State Department spokesman said the department was ending what he described as abuse of the U.S. immigration system by those seeking to extract wealth from Americans. He also said the department would rely on its longstanding authority to determine whether potential immigrants would become a “public charge” and “exploit” American public generosity. Vargas’s order reinstates a case-by-case approach by directing that affected applications be reconsidered by consular officers under the existing immigration law, rather than being denied based on the nationality-based suspension. Join the discussion? 23 August 2026
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