A federal judge ruled Friday against the Trump administration's policy of pausing visa issuance for citizens of 75 countries. U.S. District Judge Jeannette Vargas issued a 61-page decision finding that the policy was "contrary to law" and exceeded the legal authority of Secretary of State Marco Rubio.
The administration first announced the visa pause in January, stating the measure was intended to limit an influx of immigrants who might strain U.S. social safety net programs. At the time of the announcement, the State Department said via social media that the policy was meant to ensure the "generosity of the American people will no longer be abused."
In the ruling, Judge Vargas cited the Immigration Nationality Act (INA), which she noted prohibits consular officers from using nationality as the basis for visa review decisions. The judge stated that the law requires individualized assessments of applicants, whereas the administration's policy directed officers to refuse all applicants from the listed nations. The ruling also noted that the policy overrode the exclusive authority over applications granted to consular officers by the INA.
The decision restores the day-to-day legal requirement for U.S. consular officers to evaluate visa applications on an individual basis rather than issuing blanket denials based on an applicant's country of origin. This change would be noticed by families seeking reunification and individuals applying for immigrant status who were previously barred under the January order. The ruling follows a similar legal outcome in June, when a federal judge blocked a separate administration policy that had halted the processing of work permits, green cards, and citizenship applications for citizens of 39 countries.
The National Immigration Law Center, which represented the plaintiffs, stated it would work to ensure that families harmed by the ban receive relief. The ruling sets a legal precedent regarding the limits of the Secretary of State's authority to override consular discretion under the Administrative Procedure Act. The White House and Justice Department did not immediately comment on the ruling, and the source did not report whether the administration plans to appeal or the specific date the government must resume processing for the affected countries.