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Judge Voids State Department’s 75‑Country Immigrant Visa Suspension

The court found the nationality-based ban exceeded Secretary of State Marco Rubio’s authority, restoring individualized consular review pending possible appeal.

Overview

  • U.S. District Judge Jeannette Vargas issued a 61-page ruling that vacated the January policy and set aside any visa denials that relied solely on the nationality-based suspension.
  • Vargas concluded the policy unlawfully displaced consular officers’ statutorily assigned role by ordering blanket refusals based on country of origin rather than case-by-case assessments.
  • The decision restores the legal requirement that consular officers weigh each immigrant applicant’s finances, health, age, skills and family ties when deciding public‑charge risk.
  • The ruling leaves operational questions unresolved because the State Department can appeal and the judge gave both sides until September 11 to propose how to handle remaining issues and implementation.
  • Plaintiffs said the order clears the way for frozen family- and employment‑based cases to move forward, and the decision follows a string of court setbacks to the administration’s broader immigration measures.