By Enyichukwu Enemanna
A federal judge in New York has vacated a President Donald Trump administration’s policy that suspended the processing of visas from 75 countries, including Afghanistan, Iran, Russia and Somalia.
The administration had said nationals from affected are deemed to require public assistance during their stay in the United States.
U.S. District Judge Jeannette Vargas, an appointee of former President Joe Biden, set aside the policy Friday as “contrary to law and in excess of statutory authority.”
Secretary of State Marco Rubio exceeded his authority by issuing the policy, which “runs afoul” of the Immigration and Nationality Act by mandating “the refusal of visas to eligible applicants without any basis in law,” the judge ruled.
Vargas said the policy also undermines the congressional requirement that puts consular officers at the forefront of any visa decision.
“Congress imbued these officers with exclusive authority and discretion to determine if an immigrant is eligible for a visa based upon review of specific and detailed criteria set forth in the statute,” she wrote.
She added, “The Policy, which categorically prohibits the issuance of immigrant visas based upon the nationality of the applicant, represents a direct abrogation of this statutory scheme.”
The policy was challenged by two nonprofit organizations along with 11 individuals, including six whose family members had been refused visas. The remaining five are outside the country and had filed “employment-based petitions” to come to the United States.
“We welcome this ruling because, at its heart, this case is about keeping families together,” Anna Gallagher, the executive director of CLINIC, a national nonprofit that provides training, resources, and support to a network of immigration legal service providers and was one of the plaintiffs.
“Catholic social teaching calls us to uphold the dignity of every person and recognize the family as the foundation of society,” she said in a statement. “This decision affirms both those values and the rule of law, allowing families to once again move forward toward reunification.”
