Policy ‘runs afoul’ of Immigration and Nationality Act, court finds
A federal judge in New York on Friday struck down a Trump administration policy that suspended the processing of immigrant visas from 75 countries. U.S. District Judge Jeannette Vargas, an appointee of former President Joe Biden, set the policy aside as “contrary to law and in excess of statutory authority.”
The ruling centers on a directive issued by Secretary of State Marco Rubio. Vargas found that Rubio overstepped his statutory authority and that the State Department’s policy “runs afoul” of the Immigration and Nationality Act by mandating “the refusal of visas to eligible applicants without any basis in law.”
Vargas also concluded that the policy undermines Congress’s framework for visa decisions, which places consular officers at the forefront of eligibility determinations. “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.”
The named countries in the policy include Afghanistan, Iran, Russia and Somalia.
The challenge was brought by two nonprofit organizations along with 11 individuals, according to the Associated Press. Six of the individuals have family members whose visa applications were refused under the policy. The remaining five are outside the United States and had filed “employment-based petitions” to come to the country.