US State Department building in Washington, DC. (Photo Credit: Nicole/Adobe)
A federal judge has ruled against a controversial U.S. Department of State policy that suspended immigrant visa issuance for nationals of as many as 75 countries.
In a 60-plus-page decision published Friday, U.S. District Judge Jeannette Vargas of the Southern District of New York called the Trump administration's ban "patently unlawful" and vacated it nationwide.
Vargas ruled that the policy discriminated based on nationality, violating the Immigration and Nationality Act and forced consular officers to refuse applicants they had already determined were eligible.
"Consular officers are required to conduct an individualized assessment of applicants and to refuse visas only to those whom the consular officer finds ineligible. The Policy nonetheless directs consular officers to refuse eligible applicants," she wrote, pointing out that the ban affected nearly 40 percent of the world’s countries.
The cases involving refused visas will now be unfrozen for lawful adjudication.
The National Immigration Law Center called Friday's ruling a "significant victory."
"Behind this case are families, loved ones, and communities who were harmed by a policy that blocked immigrant visas on a categorical basis," said Sarah Wilson, Partner and Federal Litigation Practice Leader at Colombo & Hurd, which served as co-counsel for the plaintiffs.
"This decision affirms that this kind of sweeping suspension is not permitted by law, and it offers meaningful relief to those whose visa refusals rested solely on that policy," added Wilson.
The government can still appeal the decision.
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