Chicago – August 22, 2026
A US federal judge has invalidated a Trump administration policy that suspended immigrant visa processing for nationals of 75 countries, ruling it exceeded legal authority and violated federal immigration law.
Court Ruling
US District Judge Jeannette Vargas of the Southern District of New York issued the decision on Friday, August 21, 2026, declaring the State Department’s January policy “patently unlawful” and “contrary to law.” The judge found that Secretary of State Marco Rubio exceeded his statutory authority by ordering consular officers to refuse immigrant visas based solely on applicants’ nationality.
Legal Basis
The ruling held that the policy conflicted with the Immigration and Nationality Act, which explicitly grants consular officers—not the Secretary of State—exclusive authority to determine visa eligibility. Judge Vargas wrote that the nationality-based suspension represented “a direct abrogation of this statutory scheme” and violated provisions prohibiting discrimination in immigrant visa issuance.
Immediate Impact
The court vacated the entire policy nationwide and set aside all visa denials based solely on the suspension. Affected cases must now be returned to consular officers for individualized reconsideration under normal immigration law, though applicants are not automatically entitled to visas. The government may appeal the decision.
