On August 21, 2026, a federal judge in Manhattan struck down the Trump administration’s decision to suspend the issuance of immigrant visas to people from 75 countries. The judge stated that the policy exceeded the legal powers of the Secretary of State and violated the prohibition in federal immigration law against discrimination based on nationality. U.S. District Judge Jeannette Vargas delivered the verdict in the case Catholic Legal Immigration Network, Inc. v. Rubio, filed in the Southern District of New York.
Background
The State Department (DOS) announced the pause on January 14, 2026, and took effect on January 21. The policy prevented consular officers from granting immigrant visas to applicants from 75 countries. The rationale for this is concerns that people from those countries were more likely to become a ‘public charge’, that is, to depend on government assistance once they had arrived in the United States. The pause applied only to immigrant visas and never included the nonimmigrant categories such as H-1B, F-1, and B1/B2.
Details of the Ruling
Judge Vargas identified two flaws in the policy. The first was that it went beyond the powers Congress has granted to the Secretary of State, since the INA mandates that each applicant be assessed individually rather than rejecting entire nationalities as a group. The second was that the INA prohibits discrimination against people on the grounds of their national origin in immigrant visa processing, and therefore a general ban applied is in direct conflict with that provision. Judge Vargas stated that the policy constituted a “direct abrogation” of the statutory scheme that Congress established for the adjudication of visas.
Public charge remains a valid reason for refusing a visa; the court merely stipulated that it should be assessed on a case by case basis rather than being assumed from a person’s passport.
Impact
The State Department can no longer rely on the 75 country list to withhold visas. Consular officers must evaluate applicants individually again, as the law has always required. Families and employers with pending cases in the affected countries should see their applications resume movement, though it’s worth watching whether the administration appeals or tries a narrower version of the same policy later on.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.