Federal Court Overturns Trump Administration’s Ban on Immigrant Visas for Citizens of 75 Countries

A U.S. federal court has struck down a Trump administration policy that barred immigrant visa issuance to nationals from 75 countries, including Nepal, ruling it unlawful. Judge Janet Vargas determined that U.S. Secretary of State Mark Rubio lacked the legal authority to enforce such a policy and that it constituted discrimination based on nationality. The court’s decision does not automatically reverse visa denials made on other legal grounds, and the administration may seek an appeal. September 23, Kathmandu.

The Trump administration had suspended the processing of immigrant visas for citizens of 75 countries, representing about 40 percent of the world’s nations, since January. Judge Janet Vargas of the U.S. District Court for the Southern District of New York in Manhattan declared the policy unlawful and voided the ban. She emphasized that Secretary of State Mark Rubio did not have statutory authority to implement such restrictions.

Under the policy, directives sent by Secretary Rubio instructed U.S. diplomatic and consular posts to deny visas even when applicants demonstrated they would not become public charges, contrary to legal requirements mandating personal consideration of applicants’ circumstances during visa refusals.

On one limited point, the court ruled in favor of the administration. Judge Vargas acknowledged that because the policy was not an official regulation, it was not legally required to undergo a public comment period before implementation. Appointed by former President Joe Biden, Judge Vargas has ordered both parties to submit proposals by September 11 on how to proceed with the remaining issues in the case.