US Court Declares Visa Ban for 75 Countries Illegal

A federal court in New York has overturned a ban on issuing immigration visas to citizens of 75 countries implemented by the administration of President Donald Trump, deeming the policy unlawful and beyond the authority of U.S. Secretary of State Marco Rubio, according to CNN.

Judge Janet Vargas of the Manhattan federal district court stated that the State Department effectively mandated the denial of visas to applicants solely based on their nationality, even if they could prove they would not be dependent on public assistance. In January, the State Department suspended the processing of immigration visas for approximately 40% of countries worldwide, including Russia, Brazil, Colombia, Egypt, Haiti, and Somalia. U.S. authorities explained the decision as a means of prohibiting potential beneficiaries from entering the country.

However, American legislation stipulates that the determination of whether an immigrant could become a so-called public charge—potentially dependent on government support—must be made on an individual basis, considering factors such as financial situation, age, health, skills, and family circumstances. Judge Vargas noted that Rubio's directive compelled diplomatic and consular offices to deny applicants even in cases where they provided additional evidence of financial independence. In her view, such a procedure results in a predetermined outcome, where the visa would be denied regardless.

The court also concluded that this policy violates the 1965 law that prohibits discrimination based on nationality when issuing visas, although denials based on other legally prescribed grounds remain in effect. The restrictions concern immigration visas for permanent residency in the U.S., including for family reunification and employment purposes. Tourist and student non-immigrant visas were not included under the ban.

The judge has given the parties until September 11 to submit proposals regarding further proceedings in the case. The Trump administration may appeal the decision.