A US judge on Friday struck down a Trump administration policy that had stopped the issuance of visas to applicants from 75 countries, saying that the policy went beyond Secretary of State Marco Rubio’s legal power.
US District Judge Jeannette Vargas in Manhattan said the policy announced by the State Department in January was “patently unlawful” and violated immigration law, which clearly removes the Secretary of State’s power over consular officers who process immigrant visas.
“The policy, which explicitly forbids the issuance of visas based on the applicant’s nationality, directly undermines this statutory scheme,” she wrote.
The State Department’s suspension, which began in January, affected applicants from American countries such as Brazil, Colombia and Uruguay; Balkan nations like Bosnia and Albania; South Asian countries Pakistan and Bangladesh; and many nations in Africa, the Middle East and the Caribbean.
The State Department said applicants from those countries were “at risk for becoming a public charge and resorting to local, state and federal government resources in the United States.” The department did not reply immediately to a request for comment on the ruling.
Vargas, appointed by Democratic former President Joe Biden, issued the ruling in a lawsuit brought by immigrant rights groups Catholic Legal Immigration Network and African Communities Together, along with applicants, for visas and U.S. Citizens who sponsor family members from the designated countries.
President Donald Trump has pursued an immigration crackdown that he claims is meant to improve domestic security.
Rights groups say the crackdown has violated speech and due process rights and has created an unsafe environment, especially for ethnic minorities who worry about racial profiling.
