U.S. District Judge Jeannette Vargas of the Southern District of New York issued the ruling Friday, finding that Secretary of State Marco Rubio had exceeded his legal authority in implementing the policy.
The U.S. State Department suspended immigrant visa processing for citizens of 75 countries in January. In her ruling, Judge Vargas described the policy as “patently unlawful.”
The court said that halting immigrant visa issuance based solely on an applicant’s nationality conflicted with existing U.S. immigration law. Under that law, the Secretary of State’s authority over the processing of immigrant visa applications through consular officers is subject to specific legal limitations.
The policy affected several South Asian countries, including Bangladesh and Pakistan. It also covered countries such as Brazil, Colombia and Uruguay in Latin America; Bosnia and Albania in the Balkans; and numerous other countries across Africa, the Middle East and the Caribbean.
The State Department had previously argued that a significant proportion of applicants from these countries could become dependent on U.S. government assistance and public resources after arriving in the United States.
The policy was challenged in court by immigrant rights organizations Catholic Legal Immigration Network and African Communities Together. The plaintiffs also included immigrant visa applicants and U.S. citizens sponsoring family members from the affected countries.
Judge Vargas was appointed by former President Joe Biden.
Since returning to office, President Donald Trump has adopted a series of restrictive immigration policies, arguing that they are necessary to strengthen national security. Immigrant rights organizations, however, have criticized several of the administration’s actions, saying they undermine civil rights and due process and create particular concern among minority communities.
The State Department did not immediately comment on Friday’s ruling.
For people in Bangladesh who have been waiting for immigrant visas, the ruling could potentially reopen the path toward visa issuance, unless the Trump administration appeals the decision and obtains a stay that temporarily blocks the ruling.
