US court overturned Trump's ban on immigrant visas for citizens of 75 countries
Kyiv • UNN
A federal judge ruled the ban on immigrant visas for citizens of 75 countries unlawful. The Trump administration may appeal the decision.
A federal judge in the United States on Friday overturned the Trump administration's ban on issuing immigrant visas to nationals of 75 countries, ruling that it "contradicts the law" and exceeds the authority of U.S. Secretary of State Marco Rubio, UNN writes, citing CNN.
Details
In January, the U.S. State Department suspended the issuance of immigrant visas to citizens of nearly 40% of the world's countries, including Brazil, Colombia, Egypt, Haiti, Somalia, and russia, stating that this would prevent the entry of people who "will receive social and government assistance."
Judge Jeanette Vargas of the U.S. District Court for the Southern District of Manhattan disagreed with the State Department's justification for the policy, overturning any visa denial based solely on that ground — another blow to the Trump administration's immigration policy.
Under the law, an immigrant may be denied entry only as a potential "public charge" (a person who is expected to depend on government support) after a consular officer assesses that person's financial situation, age, health, skills, and family status.
Judge Vargas found that, in practice, U.S. consular officers had been instructed to deny visas to applicants, even those who could support themselves, solely on the basis of their country of origin.
The visa ban suspended the issuance of immigrant visas for permanent residence to people reuniting with family members or taking up employment in the United States, but did not apply to nonimmigrant visas, such as tourist or student visas.
Denials based on other legal grounds remain in effect, even when an official also cited the ban, leaving unclear how many decisions are expected to be overturned.
Most of the 75 countries are not European; they are located in the Caribbean, sub-Saharan Africa, the Balkans, the Middle East, Central Asia, and Southeast Asia, and the list includes several U.S. partners, including Jordan, Egypt, and Georgia. The State Department compiled its list based on data from the Council of Economic Advisers, selecting countries where more than 30 percent of immigrant families receive some form of government assistance.
The administration secured a victory on one narrower point: the judge agreed that the policy is not a formal rule that must be submitted for public comment before taking effect.
Vargas, who was appointed by former President Joe Biden, gave both sides until September 11 to propose a way to resolve the remaining part of the case. The administration may appeal the decision.