A group of over 50 immigrants filed a lawsuit in the U.S. District Court for the District of Columbia, challenging a State Department policy that unlawfully prevents the issuance of U.S. visas to nationals of 75 countries.
Background: The State Department enacted a policy in January 2026 requiring consular officers to deny visa applications from these 75 countries, as they are at “high risk” of becoming a public charge, meaning they are “likely to become wholly or primarily dependent on the government for subsistence.”
- The complaint claimed that the policy targets countries in Latin America, Africa, Asia, the Middle East, and Eastern Europe.
- The lawsuit also claims that the policy leaves immigrants in “administrative limbo” as otherwise eligible applications are suspended, resulting in many immigrants being subject to delayed family reunification, lost job opportunities, and economic and emotional harm.
A similar lawsuit filed in the Southern District of New York in early February also challenged the State Department’s policy, claiming it violates the Administrative Procedure Act (APA), the Immigration and Nationality Act (INA), and the Equal Protection Clause of the Constitution.
Go deeper: The State Department policy is part of the administration’s increased efforts to restrict legal immigration, along with its travel ban on 39 countries and on those with Palestinian Authority-issued travel documents. Although these two policies are separate, many of the countries included in the “public charge” policy and the travel ban overlap.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.