A federal judge on Friday overturned the ban on issuing immigrant visas to citizens of 75 countries, introduced by the administration of Donald Trump, ruling that it was “contrary to law” and exceeded the statutory authority of Secretary of State Marco Rubio.
In January, the State Department suspended the issuance of immigrant visas for countries whose populations account for nearly 40 percent of the world’s population — including Brazil, Colombia, Egypt, Haiti, Somalia and Russia — arguing that the measure would prevent the entry of people who would “use social assistance and public benefits,” CNN reports.
Judge Janet Vargas of the U.S. District Court in Manhattan challenged the State Department’s justification for the measure and overturned every visa denial that was based solely on that justification — representing another setback for the Donald Trump administration in its immigration crackdown.
Under the law, an immigrant may be denied entry as someone deemed likely to become a “public charge” — meaning a person expected to depend on government assistance — only after a consular officer considers their financial circumstances, age, health, skills and family situation.
Judge Vargas found that U.S. officials had effectively been instructed to deny visa applications even when applicants could support themselves, solely on the basis of the country they came from.
The visa ban halted the issuance of permanent-residency visas to people traveling to the U.S. to reunite with family members or for employment, but it did not apply to nonimmigrant visas, such as tourist or student visas.
A cable Rubio sent to all diplomatic and consular posts, which was included in the court record, instructed officials to deny applicants even when someone “provides additional evidence demonstrating that they have overcome the basis for the public-charge inadmissibility.”
Most of the 75 countries covered by the measure are located outside Europe and include countries in the Caribbean, sub-Saharan Africa, the Balkans, the Middle East, Central Asia and Southeast Asia. Several U.S. partners were also included, including Jordan, Egypt and Georgia.
Montenegro, Bosnia and Herzegovina, North Macedonia and Kosovo were among them.
The administration nevertheless prevailed on one narrower issue, as the judge agreed that the policy was not the type of formal rule that must be opened for public comment before taking effect.
Vargas, who was appointed to the position by former President Joe Biden, gave both sides until September 11 to propose a way to resolve the remaining issues in the case. The administration may appeal the ruling.
CNN requested comment from the Department of Justice and the White House.
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