US Judge Strikes Down Trump Administration's 75-Country Immigrant Visa Ban
The Story
A US court overturned a Trump administration rule on Friday that suspended the issuing of immigrant visas to people from 75 countries.
Judge Jeannette Vargas of Manhattan ruled the policy patently unlawful and contrary to law, finding it exceeded Secretary of State Marco Rubio's statutory authority. The State Department announced the restrictions in January, which did not apply to tourist or student visas. Nations covered by the policy included Russia, Brazil, Colombia, Albania, Egypt, Haiti, Somalia, Pakistan, Uruguay, Bosnia, Bangladesh, Afghanistan, Iran, and Yemen.
Judge Vargas, an appointee of former President Joe Biden, stated that the policy categorically prohibits the issuance of immigrant visas based upon the nationality of the applicant, representing a direct abrogation of the statutory scheme. American laws permit turning down an immigrant's application only if the person is determined likely to become a public charge through a review of their finances, health, and skills.
The State Department had previously said applicants from these countries were at a high risk for becoming a public charge. Immigrant rights groups, including Catholic Legal Immigration Network (CLINIC) and African Communities Together, filed the lawsuit alongside visa applicants and American citizens whose relatives had been denied visas. Anna Gallagher, executive director of CLINIC, welcomed the ruling, stating it is about keeping families together and affirms the rule of law.
A State Department spokesperson would not comment on ongoing litigation, but insisted the Trump administration is protecting the American people by upholding the highest standards of screening and vetting of visa applicants. The Trump administration can still appeal the ruling.
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- CenterJuristJurist (opens the publisher’s site)
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