A federal judge struck down a Trump administration policy that suspended the issuance of immigrant visas for applicants from 75 countries, including parts of Latin America and the Middle East.
U.S. District Judge Jeannette Vargas in Manhattan called the policy—issued by the State Department in January—"patently unlawful" and said it did not comply with federal immigration law.
At the time the policy was first revealed, the State Department suggested the visa applicants were "at a high risk for becoming a public charge and recourse to local, state and federal government resources in the United States."
The initial suspension affected applicants from countries including Brazil, Colombia, Uruguay, Bosnia, Albania, Pakistan, Bangladesh, and other nations in Africa, the Middle East, and the Caribbean.
The Catholic Legal Immigration Network, Inc.—which filed the lawsuit in February with African Communities Together and several other individuals—argued in the complaint that the nationality-based ban was “based on an unsupported and demonstrably false claim that nationals of the covered countries migrate to the United States to improperly rely on cash welfare and are likely to become ‘public charges.’”
The judge said all immigrant visa applications must ultimately be adjudicated by a consular officer under the Immigration and Nationality Act (INA), and not by a blanket ban issued by the State Department.
Vargas said the policy violated nationality-based discrimination.
“Moreover, the INA provides that ‘no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth, or place of residence,’” Vargas wrote.
The Catholic Legal Immigration Network, Inc., which filed the lawsuit in February with African Communities Together and several other individuals, praised the court’s decision.
“We welcome this ruling because, at its heart, this case is about keeping families together,” said Anna Gallagher, executive director of the Catholic Legal Immigration Network, Inc.
“The suspension of lawful visa processing 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.”
The Epoch Times reached out to the State Department for comment.