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 January

The 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 Authority

Vargas 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 Steps

The 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.

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23 August 2026

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So, yet another example of Trump breaking the law with yet another illegal executive order. Good the courts are slapping him down but why aren't the spineless Republicans reining him in. Oh, right--spineless.

In 2019 after being married legally in Thailand for one year, I wanted to take my wife on a holiday to America to meet my family and some US friends she had met on their visits to Thailand. We went through the entire process, paid the non-refundable $160 application fee and showed up at the US embassy on wireless road. Since we lived in Jomtien which is about a 2 hour drive to Bangkok and since visa appointments were no later than 10:30am, we travelled to Bangkok the day before (traffic) and rented a hotel room which was within a 20 minute walk to the embassy (try and get a taxi during rush hour). My wife had a folder with over 30 documents, passport with tourist visa stamps for Japan (2), Singapore (3) and Maldives, bank statements, certified legal marriage certificate, letters from friends inviting her to visit, and a letter from me, a US veteran vouching for all costs and venues during anticipated 6 week trip. She went to her 10:30am appointment and had to wait 30 minutes to see an immigration agent. She said he didn't look at the folder, asked her 3 vanilla questions like "why do you want to visit America"? and then handed her piece of paper that simply stated that she didn't meet the requirements for a tourist visa. Then he said "Sorry, you can't go to America." No further explanation. We were thinking about trying again after 2 years, but then Covid hit. Since Covid we have been back to Japan (Niseko Ski area) and the Maldives. I asked my wife of now 8 years if she still wanted to try for another visa, but the last time was so exhausting and disappointing that she said it was too much hassle, so we went back to the Maldives where they were happy to see us again. I actually have to travel back to America to see my Hematologist (CML luekemia) 3 times a year and have been since 2022 and I'm actually glad my wife doesn't want to try for a tourist visa. Not only because it would be expensive ( by that I mean not good value ), but because every time I go back I see more homeless and hear more complaints about the government, the cost of living, and the quality of life. Not every American is like the friends who she met: nice, successful, and living in places like Hawaii and Lake Tahoe. My wife is like most Thai people and is a friendly and courteous person. The people she's encountered on her foreign trips to Japan, Singapore, and Maldives (even though most of the time in tourist areas) are so much more decent than a lot of the people I see on my return visits. It may sound like I dislike America, but that's not the case, I'm just disappointed with the decline in the fabric of the country. I'll continue to go back and see my doctors in Hawaii, but I'll only stay at most a week to limit the disappointment. Also after contacting my elected representatives: Congressmen and Senators regarding the failed application, I got no joy from their offices. Just another disappointment. I'm a person despite of things expats complain about: minor corruption, traffic laws, etc. I feel that Thailand is the best place to live, the people are generally cordial and sincere. Nuff said.

59 minutes ago, bronzedude said:

In 2019 after being married legally in Thailand for one year, I wanted to take my wife on a holiday to America to meet my family and some US friends she had met on their visits to Thailand. We went through the entire process, paid the non-refundable $160 application fee and showed up at the US embassy on wireless road. Since we lived in Jomtien which is about a 2 hour drive to Bangkok and since visa appointments were no later than 10:30am, we travelled to Bangkok the day before (traffic) and rented a hotel room which was within a 20 minute walk to the embassy (try and get a taxi during rush hour). My wife had a folder with over 30 documents, passport with tourist visa stamps for Japan (2), Singapore (3) and Maldives, bank statements, certified legal marriage certificate, letters from friends inviting her to visit, and a letter from me, a US veteran vouching for all costs and venues during anticipated 6 week trip. She went to her 10:30am appointment and had to wait 30 minutes to see an immigration agent. She said he didn't look at the folder, asked her 3 vanilla questions like "why do you want to visit America"? and then handed her piece of paper that simply stated that she didn't meet the requirements for a tourist visa. Then he said "Sorry, you can't go to America." No further explanation. We were thinking about trying again after 2 years, but then Covid hit. Since Covid we have been back to Japan (Niseko Ski area) and the Maldives. I asked my wife of now 8 years if she still wanted to try for another visa, but the last time was so exhausting and disappointing that she said it was too much hassle, so we went back to the Maldives where they were happy to see us again. I actually have to travel back to America to see my Hematologist (CML luekemia) 3 times a year and have been since 2022 and I'm actually glad my wife doesn't want to try for a tourist visa. Not only because it would be expensive ( by that I mean not good value ), but because every time I go back I see more homeless and hear more complaints about the government, the cost of living, and the quality of life. Not every American is like the friends who she met: nice, successful, and living in places like Hawaii and Lake Tahoe. My wife is like most Thai people and is a friendly and courteous person. The people she's encountered on her foreign trips to Japan, Singapore, and Maldives (even though most of the time in tourist areas) are so much more decent than a lot of the people I see on my return visits. It may sound like I dislike America, but that's not the case, I'm just disappointed with the decline in the fabric of the country. I'll continue to go back and see my doctors in Hawaii, but I'll only stay at most a week to limit the disappointment. Also after contacting my elected representatives: Congressmen and Senators regarding the failed application, I got no joy from their offices. Just another disappointment. I'm a person despite of things expats complain about: minor corruption, traffic laws, etc. I feel that Thailand is the best place to live, the people are generally cordial and sincere. Nuff said.

First of all, I hope the ongoing treatment brings about a lasting success.

Secondly, I'm a Brit who has been to 43 of the 50 US States, either on business or on vacation. I have generally loved it there, but I have absolutely no more plans to go back until I see some genuine improvements in the basic infrastructure of the place, and by that I don't just mean crumbling physical infrastructure through lack of investment and maintenance, but also the moral infrastructure. I'm not sure that Thailand stacks up all that well with the USA, but having just been into mainland China for a trip that place is streets ahead of the USA on most things.