A judge for the US District Court for the Southern District of New York on Friday struck down a ban on immigrant visas for citizens of 75 countries. Judge Jeannette Vargas wrote that the order, from Secretary of State Marco Rubio, was “patently unlawful” and exceeded his power under the Immigration and Nationality Act (INA), which “explicitly strips the Secretary of State of authority over consular adjudication of immigrant visas.”
Rubio issued the order to consular officers in January. He directed them to deny immigrant visas to residents of the 75 countries, primarily in Latin America, Africa, Southeast Asia, the Middle East, and the Caribbean. The order affected about 40% of the world’s nations.
The public charge rule is the stated basis of the order. Prospective immigrants must show that they will not become public charges, or persons who depend on the government for subsistence. In July, the Trump Administration announced that it would deny green cards to immigrants who use any public assistance, based on the rule. Catholic Legal Immigration Network and African Communities Together sued to block the order.
The INA requires consular officers to conduct individualized assessments of applicants, considering such factors as job skills, savings, and support from friends or family who are already in the US. Vargas wrote:
“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. (Rubio’s order) mandates the refusal of visas to eligible applicants without any basis in law…whatever determinations (consular officers) make as to eligibility for the applicants…are ultimately irrelevant. The outcome is predetermined. The visa will be refused.”
Judge Vargas vacated all visa denials based solely on the order and directed the State Department to resume individual assessments of visa applications.
The State Department said applicants from those countries were “at a high risk for becoming a public charge…” The National Immigration Law Center called the ruling, “a major victory for families, fairness, and the rule of law.”