Federal judge rules against Trump's 75-country visa ban
The Hill · C · trust 40/100
Comments: by Sarah Davis - 08/22/26 11:38 AM ET Comments: Link copied by Sarah Davis - 08/22/26 11:38 AM ET Comments: Link copied NOW PLAYING A federal judge ruled against the Trump administration’s pause on issuing visas to immigrants from 75 countries on Friday.
In a 61-page decision , U.S. District Judge Jeannette Vargas found that this policy was “contrary to law” and was “in excess” of Secretary of State Marco Rubio’s legal authority.
The visa pause order was announced by the Trump administration in January as part of its efforts to curb an influx of immigrants they argued would place a strain on U.S. safety net programs.
Vargas, who was nominated by former President Joe Biden, noted in her ruling that this ban affected nearly 40 percent of the world’s countries, including Egypt, Afghanistan, Somalia, Haiti, Iran, Brazil and Russia.
“We are working to ensure the generosity of the American people will no longer be abused,” the State Department wrote in a social media post at the time of this announcement.
In her Friday ruling, the federal judge cited the Immigration Nationality Act (INA) provision that “categorically prohibits” consular officers from basing their decisions in the visa review process on nationality.
“Consular officers are required to conduct an individualized assessment of applicants and to refuse visas only to those whom the consular officer finds ineligible. The Policy nonetheless directs consular officers to refuse eligible applicants.
Additionally, Vargas noted that the INA confers consular officers’ exclusive authority over the visa application review process.
“Through the Policy, Secretary Rubio nonetheless overrides consular discretion and decision-making and dictates whether immigrant visas shall be granted or denied,” the judge wrote. “The Policy is thus patently unlawful and must be vacated under the [Administrative Procedure Act].”
The National Immigration Law Center, one of the groups representing the plaintiffs in this case, called the ruling a “significant victory” in a Friday statement .
“The court made clear that immigration laws cannot be used to justify discrimination,” said Joanna Cuevas Ingram, a senior staff attorney at the organization. “We are determined to ensure every person and family this ban harmed receives appropriate relief and will continue to hold this administration accountable to its obligations under the law.”
The Hill has reached out to the White House and the Justice Department for comment.
The ruling is the latest blow to the Trump administration’s efforts to crack down on immigration. In June, a federal judge ruled against the administration’s decision to bar the processing of any immigration application from 39 countries, stalling requests for work permits, green cards and citizenship applications.
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