Manhattan Federal Judge Rules State Department Policy “Patently Unlawful,” Citing Immigration Law and Protections Against Nationality-Based Discrimination
A federal judge has struck down a Trump administration policy that suspended the issuance of immigrant visas to applicants from 75 countries, including nations in parts of Latin America and the Middle East.
U.S. District Judge Jeannette Vargas in Manhattan described the policy, issued by the State Department in January, as “patently unlawful,” ruling that it failed to comply with federal immigration law.
“Consular officers were ordered to refuse immigrant visas to nationals of the 75 designated countries, regardless of whether the consular officer had, following an individualized assessment, determined that the applicant was not likely to become a public charge and that the applicant was otherwise eligible for a visa,” Vargas wrote in her ruling.
When the policy was first announced, the State Department said visa applicants from the affected countries were “at a high risk for becoming a public charge and recourse to local, state and federal government resources in the United States.”
The initial suspension affected applicants from countries including Brazil, Colombia, Uruguay, Bosnia, Albania, Pakistan, Bangladesh, and other nations across Africa, the Middle East, and the Caribbean.
The Catholic Legal Immigration Network, Inc., which filed the lawsuit in February alongside African Communities Together and several other individuals, argued in its complaint that the nationality-based ban was “based on an unsupported and demonstrably false claim that nationals of the covered countries migrate to the United States to improperly rely on cash welfare and are likely to become ‘public charges.’”
The judge said all immigrant visa applications must ultimately be adjudicated by a consular officer under the Immigration and Nationality Act (INA), rather than being subjected to a blanket ban issued by the State Department.
Vargas also said the policy violated protections against nationality-based discrimination.
“Moreover, the INA provides that ‘no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth, or place of residence,’” Vargas wrote.
The Catholic Legal Immigration Network, Inc., which filed the lawsuit with African Communities Together and several other individuals, welcomed the court’s decision.
“We welcome this ruling because, at its heart, this case is about keeping families together,” said Anna Gallagher, executive director of the Catholic Legal Immigration Network, Inc.
“The suspension of lawful visa processing across 75 countries separated spouses, parents, and children who were simply following the legal immigration process. Catholic social teaching calls us to uphold the dignity of every person and recognize the family as the foundation of society. Today’s decision affirms both those values and the rule of law, allowing families to once again move forward toward reunification.”
