Biden-appointed judge BLOCKS Trump visa suspension for applicants from 75 countries due to violation of Immigration and Nationality Act

A Biden-appointed federal judge blocked the Trump administration’s policy suspending immigrant visa processing for individuals from 75 countries the administration said were likely to require public assistance in the United States.

The State Department had instructed consular officers to halt the processing of immigrant visa applications from the 75 countries, including Somalia, Afghanistan, Iran, and others. The move was made in accordance with a November order aimed at tightening requirements for immigrants who could potentially become “public charges.”

The State Department noted that more than 30 percent of immigrant households from some of the affected countries receive public assistance. 

The Trump administration also sent a notice to US embassies and consulates directing that nonimmigrant visa applicants be “fully vetted and screened” for the possibility that they could seek public benefits. According to a report by the Associated Press, the cable instructed applicants to demonstrate that they would not apply for public benefits in the US. Consular officers who suspected an applicant might seek such benefits could require them to complete a form providing additional information about their finances.

Two nonprofits and 11 individuals challenged the suspension of visa processing. On Friday, US District Judge Jeannette Vargas declared that the policy was “contrary to law and in excess of statutory authority.” She determined that Secretary of State Marco Rubio had exceeded his authority in implementing the policy, writing that it “runs afoul” of the Immigration and Nationality Act because it allows the “refusal of visas to eligible applicants without any basis in law.”

“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,” Vargas wrote. “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.”