A US federal judge in Manhattan, New York, Jeannette Vargas, on 21/8, issued a ruling stating that a visa suspension policy, announced by the US Department of State earlier this year, was "clearly unlawful" and violated federal immigration law. Judge Vargas asserted that immigration law dictates the Secretary of State lacks authority over consular officers' processing of immigrant visa applications.

"The policy banning immigrant visa issuance based solely on the applicant's nationality directly contradicts the legal framework established by law," Judge Vargas emphasized.

In January, the US Department of State instructed consular officers to deny immigrant visas to applicants from 75 countries. This directive aimed to "prevent foreign nationals at risk of becoming public charges from entering the US."

Afghan individuals with US special immigrant visa (SIV) applications being processed arrive at an airport terminal on Luzon Island, Philippines in 1/2025. AFP

Immigrant visas allow foreign nationals to enter the US for long-term living and work. These visas are issued through categories like family sponsorship, marriage, or employment-based visas for skilled workers, professionals, or investors. Immigrant visa holders typically proceed to become US citizens and receive the country's social welfare benefits.

The policy affected applicants from Latin American countries such as Brazil, Colombia, and Uruguay; Balkan nations including Bosnia and Albania; South Asian countries like Pakistan and Bangladesh; along with citizens from many countries in Africa, the Middle East, and the Caribbean.

The US Department of State had argued that applicants from these countries had a "high risk of becoming a public charge and relying on local, state, and federal government resources in the US." The department has not yet commented on the Manhattan federal court's ruling.

Judge Vargas, appointed by Democratic President Joe Biden in 2024, issued the ruling following lawsuits from immigrant rights organizations, immigrant visa applicants, and US citizens sponsoring relatives from the affected countries.

President Donald Trump has pursued a campaign to tighten immigration, which he stated was to enhance domestic security. In contrast, immigrant rights organizations argued that this campaign infringed upon freedom of speech and due process rights, while creating an unsafe environment, particularly for minority groups concerned about racial discrimination.

Huyen Le (According to Reuters)