U.S. District Judge Jeannette Vargas has vacated a Trump administration policy that suspended the processing of visas from 75 countries including Afghanistan, Russia, Somalia and Iran.
Vargas ruled that the State Department could not force consular officers to deny immigrant visas to otherwise eligible applicants solely on the basis that they are from one of the 75 countries covered by the policy. She said that the policy was “contrary to law and in excess of statutory authority” and “runs afoul” of the Immigration and Nationality Act because it refuses visas “without any basis in law.”
Further, Vargas argued the policy is constitutionally improper because visa determinations should put consular officers — U.S. officials who adjudicate visas for foreign nationals and provide services to American citizens abroad — at the forefront.
“Congress imbued these officers with exclusive authority and discretion to determine if an immigrant is eligible for a visa based upon review of specific and detailed criteria set forth in the statute,” wrote Vargas in her decision. “The Policy, which categorically prohibits the issuance of immigrant visas based upon the nationality of the applicant, represents a direct abrogation of this statutory scheme.”
Vargas, who obtained her undergraduate degree from Harvard University and her law degree from Yale Law School, has served as a district judge of the United States District Court for the Southern District of New York since 2024. She was appointed by former President Joe Biden.
The policy paused the issuance of immigrant visas from almost 40 percent of the world’s countries. The ban stopped permanent resident visas for people working a job in the United States or joining family members, but did not apply to nonimmigrant visas, like student or tourist visas.
Vargas found the policy in practice denies visa applications solely based on the applicant’s country of origin. Under the law, immigration visas can only be denied if the applicant is likely to be a “public charge,” meaning that they are likely to depend on government support.
The U.S. State Department said Saturday that the Trump administration is protecting Americans by “screening” and “vetting” visa applicants.
“American taxpayer-funded public benefits belong to Americans,” Tommy Pigott, a State Department spokesperson, told Fox News Digital. “President Trump has made clear that immigrants must be financially self-sufficient to protect these public benefits for American citizens.”
“This rogue judge’s misguided opinion wrongfully undermines the longstanding legal authority of the Secretary of State. We will keep fighting for commonsense visa policies that put America First,” added Pigott.
Two nonprofit organizations and 11 individuals challenged the policy, including six whose family members had been denied visas.
“We welcome this ruling because, at its heart, this case is about keeping families together,” said Anna Gallagher, the executive director of CLINIC, a national nonprofit that provides immigration legal services and one of the plaintiffs. “The suspension of lawful visa issuance 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.”
Harlem-based nonprofit and civil rights advocacy organization, African Communities Together, was also named as a plaintiff in the case.
“This unlawful and racist ban caused immeasurable harm, cruelly keeping families and loved ones apart,” said Diana Konate, deputy executive director for policy and advocacy of ACT, in a statement. “Today, we are elated to tell our community members: this ban is no more.”
The State Department claims the policy is limiting potential immigrants who might become “public charges” and further claims that more than 30 percent of households with immigrants from the 75 restricted countries received public assistance in some form.
The U.S. Department of State has continually attempted to restrict visas, impacting New York State and Binghamton University students.
In April, a Binghamton University spokesperson confirmed that at least five students had their visas revoked. The students’ statuses were later restored.
In May, the Department of State temporarily suspended visa interviews for international students looking to study in the United States. Secretary of State Marco Rubio gave the order after the department claimed it wanted an expanded review of applicants’ social media activity.
This ruling follows the trend of courts stopping Trump’s immigration agenda. In June, U.S. District Chief Judge John McConnell Jr. struck down a similar policy for disregarding the law.
“In enacting its latest immigration policies, USCIS: claims statutory and regulatory authority that it does not possess; makes decisions without the reasoned explanations that it must provide; acts without regard for the reliance interests of applicants that it must consider; and justifies its actions with pretextual concerns of ‘national security’ that mask anti-immigrant sentiments that it is forbidden from letting influence its decision-making,” McConnell wrote in his decision. “In legal terms that means USCIS’s actions are contrary to law and arbitrary and capricious.”