A federal judge has struck down the Trump administration policy that paused immigrant visa issuance for nationals of 75 countries, finding that the Department of State (DOS) exceeded its authority when implementing the suspension.
U.S. District Judge Jeannette A. Vargas of the Southern District of New York vacated the policy late last week, finding that “it is contrary to law.”
In the decision, Vargas ruled that the State Department could not prevent immigrant visas from being issued based on an applicant’s nationality under the authority it relied upon to implement the policy.
The court therefore vacated the policy and set aside visa refusals of nationals from the 75 countries that were based solely on the suspension.
The ruling does not mean that affected applicants are automatically eligible to receive immigrant visas. Consular officers can continue to determine that an applicant is inadmissible under the public charge ground or another provision of federal immigration law based on the circumstances of the individual case.
Further, the decision does not eliminate separate travel and visa restrictions that may apply to nationals of some of the affected countries under other policies.
The State Department implemented the suspension on Jan. 21, 2026, as a result of the administration’s increased scrutiny of the “public charge” designation and applied specifically to immigrant visas (permanent residency).
Applicants from the affected countries could continue submitting applications and attending interviews, but consular officers were generally instructed not to issue immigrant visas while the policy remained in effect.
What happens now?
The ruling removes the 75-country suspension as a basis for refusing immigrant visas and could allow applicants whose cases were affected by the policy to move forward with the visa process.
However, implementation of the ruling could take time, particularly for applicants whose cases were previously refused under the policy. The Trump administration could also appeal the decision.
Foreign nationals with pending immigrant visa applications or whose applications were previously refused because of the 75-country suspension should consult with experienced immigration counsel to discuss how the ruling may affect their individual circumstances.
The attorneys at Garfinkel Immigration Law Firm continue to monitor the litigation and the State Department’s implementation of the ruling and will provide updates as additional information becomes available.