US judge strikes down 75-country visa ban, calls policy 'contrary to law'

A U.S. federal judge has struck down a government policy that suspended immigrant visas for nationals of 75 countries, ruling that the measure was 'contrary to law' and exceeded the authority of the U.S. Secretary of State.

In a ruling issued on August 21, 2026, in the Southern District of New York, Judge Jeannette Vargas said the policy, which came into effect in January, was unlawful. The policy had suspended the processing of immigrant visas for nationals of 75 countries, including Afghanistan, Brazil, Egypt, Iran, Iraq, Nigeria, Somalia, Thailand and Yemen.

At the time the policy was announced, the U.S. State Department, led by Secretary of State Marco Rubio, said the decision was intended to ensure that immigrants from high-risk countries do not unlawfully utilise welfare in the United States or become a public charge.

However, Judge Vargas ruled that consular officers were wrongly instructed to refuse immigrant visas solely based on an applicant's country of origin, even when the applicant was otherwise found eligible. Friday's ruling vacates any visa denial based solely on the policy. The government may appeal the decision.

The ruling deals a blow to President Donald Trump's efforts to tighten immigration rules. Mr. Trump has campaigned on promises to expel millions of undocumented migrants and has taken a number of actions since assuming office aimed at speeding up deportations and reducing border crossings.

Immigrant visas are meant for individuals who wish to settle permanently in the United States, as opposed to temporary visas for work, study or travel. The suspended policy affected applicants from a diverse set of countries, spanning Africa, the Americas, the Middle East, Southeast Asia and Europe.

In her ruling, Judge Vargas emphasized that the Secretary of State's authority under U.S. immigration law does not permit blanket restrictions based on nationality. She ordered that any visa denial made solely on the basis of the policy be reconsidered.

The decision is a significant legal setback for the administration, but the government retains the right to appeal to a higher court. Legal observers note that immigration restrictions targeting specific countries have frequently been challenged in U.S. courts.

Those affected by the policy may now have hope. Visa applicants from the listed countries whose applications were denied or suspended after January could see their cases reviewed. The judgment provides that no individual should be denied an immigrant visa solely because of the country mentioned in their passport.

The ruling comes amid intense debate in the United States over immigration policy. While the Trump administration has argued that such restrictions are necessary for national security and fiscal responsibility, advocacy groups have condemned them as discriminatory and unlawful.

The legal basis used by the administration, known as the 'public charge' rule, has been a point of contention. Under longstanding U.S. law, immigrants who are likely to become dependent on government assistance can be denied entry. However, courts have often limited how this rule is applied.