Federal judge vacates Trump policy that suspended processing of immigration visas from 75 countries

Notably, a federal judge in New York has vacated a Trump administration policy that suspended the processing of visas from 75 countries, including Afghanistan, Iran, Russia and Somalia, whose nationals the Trump administration deemed probable to require public assistance in the United States.

Key points

• 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."
• The policy was challenged by two nonprofit organizations along with 11 individuals, including six whose family members had been refused visas.
• Secretary of State Marco Rubio exceeded his authority by issuing the policy.
• "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."
• Vargas remarked the policy additionally undermines the congressional requirement that puts consular officers at the forefront of any visa decision.

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. It "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. Judge notes power lies with consular officers.

"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. "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."

For context, 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.

In short, federal judge vacates Trump policy that suspended processing of immigration visas from is the central thread here, and readers can expect follow-up reporting as the picture becomes clearer.