US judge strikes down Trump visa suspension affecting 75 countries including Pakistan
January suspension had affected applicants across South Asia and several other regions
WASHINGTON – A US federal judge has struck down a Trump administration policy that suspended the issuance of immigrant visas to applicants from 75 countries, including Pakistan and Bangladesh.
The ruling by US District Judge Jeannette Vargas in Manhattan found that the measure exceeded the statutory authority of Secretary of State Marco Rubio and conflicted with federal immigration law. The policy, introduced by the State Department in January, had affected applicants across South Asia, Latin America, the Balkans, Africa, the Middle East and the Caribbean.
The decision removes a nationality-based restriction that had prevented eligible applicants from obtaining immigrant visas, including people seeking to join family members or take up employment in the United States. The ruling comes as President Donald Trump’s administration continues its broader immigration crackdown, which it has described as an effort to strengthen domestic security.
Legal challenge
Judge Vargas described the January policy as “patently unlawful”, saying federal law did not give the secretary of state authority to impose a blanket restriction on consular officers processing immigrant visas.
She said the policy categorically prohibited the issuance of immigrant visas based on an applicant’s nationality and conflicted with the statutory framework governing the process. The ruling found that the measure effectively removed the individual assessment that consular officers are required to undertake when considering whether an applicant could become a public charge.
The lawsuit was brought by immigrant rights organisations Catholic Legal Immigration Network and African Communities Together, alongside immigrant visa applicants and US citizens sponsoring family members from affected countries.
Vargas, who was appointed by former Democratic President Joe Biden, ruled in favour of the challengers on the central issue concerning the legality of the suspension. The administration can appeal the decision, while both sides have been given until September 11 to propose how the remaining issues in the case should be resolved.
Countries affected
Pakistan and Bangladesh were among the South Asian countries covered by the suspension. The list also included Brazil, Colombia and Uruguay in Latin America, as well as Bosnia and Albania in the Balkans. Applicants from numerous countries across Africa, the Middle East and the Caribbean were also affected.
The State Department had defended the suspension by saying applicants from the designated countries faced a high risk of becoming a public charge and relying on local, state and federal government resources in the US.
The policy applied to immigrant visas used for permanent residence, including family-based and employment-based immigration. It did not cover non-immigrant categories such as tourist and student visas.
The case is one of several legal challenges facing the Trump administration’s immigration policies. Rights groups have argued that the wider crackdown has raised concerns over due process and racial profiling, while the administration has maintained that its measures are intended to address security and immigration concerns.
Separately, the State Department has begun cutting more than 1,350 positions as part of the administration’s broader restructuring of the diplomatic corps.