On August 21, 2026, a federal judge in the Southern District of New York has vacated a Trump administration policy that suspended the processing of visas from 75 countries, including Afghanistan, Iran and Somalia, whose nationals the Trump administration deemed likely to require public assistance in the United States. The case brought by two non-profit agencies was Catholic Legal Immigration Network, INC. (CLINIC), et al., v. Marco Rubio, 1:26-cv-00858-JAV (August 21, 2026).
On January 21, 2026, a ban took effect that suspended the processing of immigrant visas from 75 different countries. Under this policy the consulate would deny a visa to someone who was otherwise eligible just because they were coming from a country on the list. It was clearly discrimination and that is what the judge stated in her 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. 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.
U.S. District Judge Jeannette Vargas. (full decision)
The Judge also notes that the INA provides that “no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth, or place of residence.” 8 U.S.C. § 1152. The Judge specifically concludes that, “Section 1152(a)(1)(A)’s unambiguous text leaves no doubt that Congress intended to abolish nationality-based discrimination in the immigrant visa process.”
Section 1152(a)(1)(A)’s unambiguous text leaves no doubt that Congress intended to abolish nationality-based discrimination in the immigrant visa process.
The Trump Administration will be appealing this decision to the Supreme Court and we will have to see what they say regarding the issue. At the moment this decision is unlikely to have much of an impact on the processing of visas for people from countries on the list.