The lawsuit, filed by a coalition including the National Immigration Law Center (NILC) and other groups on behalf of numerous plaintiffs, including U.S. citizens, was submitted to a court in New York on 2/2. They allege that the halt to immigrant visa processing for citizens from 75 countries "breaks decades of established immigration law" and is clearly discriminatory.
The complaint asserts that Secretary Marco Rubio and the U.S. Department of State denied immigration rights to citizens of these countries based on "false claims" that they come to the U.S. to seek benefits and could become a public charge.
The plaintiff coalition is seeking a judicial injunction against the new policy of President Donald Trump's administration, arguing it causes family separation.
"These policies exceed government authority, violate the constitution, and strip families and workers of their clearly protected legal rights", said Joanna Cuevas Ingram, an attorney with the National Immigration Law Center.
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A Transportation Security Administration (TSA) officer checks passenger documents at Reagan Airport, Arlington, Virginia, 10/2025. *Photo: AFP*
Tommy Pigott, a spokesperson for the U.S. Department of State, stated that "a visa is a privilege, not a right". He added that visa issuance is temporarily halted to evaluate and enhance screening and vetting procedures.
"We will never stop fighting for the rights of American citizens first", Pigott said, emphasizing that the visa processing halt aims to prevent billions of USD in waste, fraud, and abuse.
The U.S. Department of State announced last month a halt to immigrant visa processing for 75 countries whose migrants receive U.S. welfare benefits at an "unacceptable rate". The agency added that the order will remain in effect until Washington ensures new immigrants "do not drain the wealth of the American people".
Among the affected countries are: Somalia, Russia, Afghanistan, Brazil, Iran, Iraq, Egypt, Nigeria, Thailand, and Yemen.
Immigrant visas allow foreign citizens to enter the U.S. for long-term living and work. They are granted under categories such as family sponsorship, marriage, or employment-based visas for skilled workers, professionals, or investors.
The new regulation does not apply to non-immigrant visas, such as tourist or short-term business visas, which constitute the majority of visa applications to the U.S.
By Thanh Tam (Reuters, Guardian)
