Court Finds the State Department Policy Unlawful
The U.S. District Court for the Southern District of New York has struck down a State Department policy suspending immigrant visa issuance for nationals of 75 countries. Judge Jeannette Vargas found that Secretary of State Marco Rubio had exceeded his statutory authority.
“The Policy is thus patently unlawful and must be vacated under the APA,” the court wrote in its 61-page opinion
The case, Catholic Legal Immigration Network, Inc. v. Rubio, was brought by immigration assistance organizations, immigrant visa applicants and U.S. citizens sponsoring relatives seeking permanent residence.
The court concluded that the State Department could not order consular officers to reject applicants solely because of their nationality. Under U.S. immigration law, consular officers must assess individual cases using eligibility criteria established by Congress.
Previous Refusals May Be Reconsidered
The ruling vacates immigrant visa refusals that were based exclusively on the 75-country policy. Those applications must be returned to consular officers for individual adjudication.
The decision does not automatically grant visas. An application may still be refused because of missing documentation, security concerns, financial eligibility requirements or other grounds established under U.S. law.
Refusals supported by separate legal grounds are not automatically overturned, even when the invalidated policy was also mentioned.
The federal government may appeal the ruling and seek a stay while an appellate court considers the case.
Suspension Took Effect on January 21
According to the State Department’s official policy notice, the suspension took effect on January 21, 2026.
The department said it was reviewing screening procedures to ensure that immigrants from designated countries would not rely on public assistance or become a public charge.
Applicants could continue filing documents and attending scheduled interviews. However, consular officers were instructed not to issue immigrant visas to nationals of the listed countries, including applicants who had otherwise passed an individualized assessment.
The list covered nearly 40% of the world’s countries across Latin America, the Balkans, South Asia, Africa, the Middle East and the Caribbean. It included Russia, Belarus, Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Moldova and Uzbekistan.
Dual nationals applying with a valid passport issued by a country outside the list were exempt.
Ruling Applies Only to Immigrant Visas
The invalidated policy applied to visas intended for permanent immigration, including family-sponsored and certain employment-based categories.
It did not suspend tourist, business, student or other nonimmigrant visas issued for temporary travel. The ruling also does not eliminate every nationality-based U.S. visa restriction.
Separate measures introduced on national-security grounds remain in place. The State Department’s current visa restriction guidance provides for full or partial suspensions affecting immigrant and nonimmigrant visas for nationals of several countries. The New York ruling did not invalidate those separate restrictions.
Individual Assessment Was the Central Issue
The court did not prevent consular officers from determining whether an applicant was likely to become dependent on government support. U.S. law permits officers to consider age, health, family status, education, professional skills, assets and financial circumstances.
The judge found, however, that such assessments must be conducted individually. By predetermining the outcome for applicants based on nationality, the State Department displaced the authority Congress had assigned to consular officers and conflicted with statutory protections against nationality discrimination in immigrant visa issuance.
The decision follows broader judicial scrutiny of the Trump administration’s immigration policies. In a separate case, the U.S. Supreme Court addressed restrictions on birthright citizenship, affirming the constitutional citizenship principle for children born in the United States.
For affected applicants, the latest ruling creates a path toward renewed individual consideration. Its practical impact will depend on the State Department’s response, any appeal and other restrictions applicable to particular countries or visa categories.
Read also: U.S. Revokes More Than 175,000 Visas During Trump’s Second Term
