A federal judge has vacated the Trump administration’s policy suspending immigrant visa issuance for nationals of 75 countries. The policy affected countries across Africa, Asia, Latin America, the Caribbean, Eastern Europe and the Middle East – including Afghanistan, Brazil, Colombia, Cuba, Egypt, Haiti, Iran, Nigeria, Russia, Somalia, and Yemen.
In the 61-page decision, U.S. District Judge Jeannette Vargas ruled that the nationality-based policy was “contrary to law” and exceeded Secretary of State Marco Rubio’s statutory authority. The court also set aside visa refusals based solely on the policy, allowing those applications to receive further review.
The ruling applies to immigrant visas, including many family- and employment-based applications; it does not concern temporary tourist or student visas. It also does not guarantee approval; consular officers may still deny applications on other lawful grounds after conducting an individual review. The administration may appeal the decision. AHCA/NCAL will keep its members apprised of any relevant updates.