A federal judge in New York has ruled that President Donald Trump and the US State Department overstepped their authority when they suspended the processing of visa applications for people from 75 nations earlier this year, a move that critics at the time called a "travesty," cruel, and counter to the rule of law.
US District Judge Jeannette Vargas, a Biden appointee, ruled Friday that the pause in visa applications—which Trump and Secretary of State Marco Rubio claimed was necessary to prevent immigrant visitors from freeloading on US taxpayer dollars—was “contrary to law and in excess of statutory authority.”
Diana Konate, deputy executive director for policy and advocacy at African Communities Together, which took part in the legal challenge, said the ruling was a "tremendous victory for the rule of law."
“This unlawful and racist ban caused immeasurable harm, cruelly keeping families and loved ones apart," Konate said. "Today, we are elated to tell our community members: this ban is no more.”
Vargas determined that the policy first announced by Rubio in January “runs afoul” of the Immigration and Nationality Act by mandating “the refusal of visas to eligible applicants without any basis in law."
According to the Associated Press:
Vargas said the policy also undermines the congressional requirement that puts consular officers at the forefront of any visa decision.
“Congress imbued these officers with exclusive authority and discretion to determine if an immigrant is eligible for a visa based upon review of specific and detailed criteria set forth in the statute,” she wrote. “The Policy, which categorically prohibits the issuance of immigrant visas based upon the nationality of the applicant, represents a direct abrogation of this statutory scheme.”
The policy was challenged by two nonprofit organizations along with 11 individuals, including six whose family members had been refused visas. The remaining five are outside the country and had filed “employment-based petitions” to come to the United States.
The Catholic Legal Immigration Network, Inc. (CLINIC), one of the other nonprofits behind the suit which led to the ruling, welcomed the decision in a statement on Saturday, calling it "an important victory for families who faced prolonged uncertainty and separation because of a policy that treated applicants differently based on their country of origin rather than their individual circumstances."
"At its heart," said Anna Gallagher, CLINIC's executive director, "this case is about keeping families together."
"The suspension of lawful visa issuance across 75 countries separated spouses, parents and children who were simply following the legal immigration process," Gallagher said. "Catholic social teaching calls us to uphold the dignity of every person and recognize the family as the foundation of society. Today’s decision affirms both those values and the rule of law, allowing families to once again move forward toward reunification.”
