A federal judge in the Southern District of New York has struck down the State Department’s policy suspending immigrant visa issuance to nationals of 75 countries, ruling that the policy violated federal immigration law and exceeded the Secretary of State’s authority. Jeannette A. Vargas issued the decision on August 21, 2026, in Catholic Legal Immigration Network, Inc. (CLINIC), et al. v. Rubio.
Background
In January 2026, the State Department announced that it would suspend immigrant visa issuance for nationals of 75 countries, including Afghanistan, Brazil, Egypt, Ethiopia, Ghana, Haiti, Nigeria, Sudan, Syria, Uganda, and Yemen, among many others. The administration stated that immigrants from those countries posed a higher risk of becoming public charges and utilizing public benefits in the United States.
A diplomatic cable subsequently directed consular officers worldwide to refuse immigrant visas to affected nationals, even where a consular officer had individually determined that an applicant was not likely to become a public charge and was otherwise eligible for an immigrant visa.
Court Finds Policy Violated Federal Immigration Law
Judge Vargas concluded that the policy was unlawful for several reasons.
Nationality-Based Discrimination
The court held that the policy violated INA Section 202(a)(1)(A), which 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 nationality.” The court found that the policy categorically barred immigrant visa issuance based solely on nationality.
The judge described the issue as straightforward:
“The Policy categorically bans nationals of 75 countries from receiving immigrant visas, even when otherwise eligible, based solely on their nationality.”
Improper Use of Public Charge Authority
The court also determined that the government could not use a generalized assumption about applicants from certain countries to override the individualized public charge assessments required by immigration law.
Under the Immigration and Nationality Act, public charge determinations must be based on a case-by-case review conducted by a consular officer. The challenged policy, however, effectively prevented visa issuance even after applicants had successfully overcome public charge concerns.
Secretary of State Exceeded Authority
Judge Vargas further ruled that the policy exceeded the authority granted to the Secretary of State.
The decision emphasized that Congress assigned consular officers the responsibility to make individual visa eligibility determinations and specifically limited the Secretary of State’s authority over visa issuance decisions. By directing consular officers to refuse visas based on nationality, the policy unlawfully overrode the statutory role of consular officers.
Court Vacates Visa Ban
As a remedy, the court:
- Vacated the nationality-based visa suspension policy;
- Vacated immigrant visa refusals based solely on the policy; and
- Ordered those cases remanded for further processing consistent with the ruling.
The court also entered declaratory relief stating that the policy violated federal immigration law and exceeded the Secretary of State’s authority.
Importantly, the ruling does not automatically approve affected immigrant visa applications. Consular officers may still deny visas on any otherwise applicable ground of inadmissibility under the Immigration and Nationality Act. The decision simply removes the nationality-based bar.