Federal Court Strikes Down Trump’s 75-Country Immigrant Visa Freeze
On Friday, a federal judge struck down the Trump Administration’s freeze on issuing immigrant visas to applicants from 75 countries, siding with a group of visa applicants and immigrant rights organizations that had challenged the policy. The visa freeze has had real and painful consequences for applicants from nearly 40% of the world’s countries, including spouses and children of U.S. citizens.
One of BPR’s own clients has an approved extraordinary ability petition, granted only to those at the very top of their fields. But, because she is from Azerbaijan—one of the 75 countries—her visa has not been issued, despite her meeting all the requirements. The “do it the right way” crowd has not spoken up in her defense.
Why the 75-Country Immigrant Visa Freeze Was Challenged
The visa hold was put in place in January of this year, ostensibly to allow the State Department to review its policies to ensure immigrants “do not unlawfully utilize welfare in the United States or become a public charge.”
A January 14 cable from Secretary of State Marco Rubio ordered consular officers to deny visas to applicants from these countries, even in cases where the officer had determined that the applicant was not likely to become a public charge—i.e., someone that would rely on government assistance—and was otherwise eligible for a visa.
Why the Federal Court Found the Visa Freeze Unlawful
U.S. District Court Judge Jeannette A. Vargas found the visa pause to be “patently unlawful” and to exceed the authority of the Secretary of State.
In her opinion, Judge Vargas explained that existing law clearly entrusted consular officers “exclusive authority and discretion to determine if an immigrant is eligible for a visa.” In addition, the opinion notes that the governing statute explicitly forbids discriminating on the basis of nationality in issuing immigrants’ visas and the visa freeze “represents a direct abrogation of this statutory scheme.”
The judge ordered the policy vacated along with any visa refusals based solely on the policy. This ruling follows a June order by Rhode Island District Court Judge John J. McConnell, Jr., that struck down the Administration’s separate policy that put a hold on the processing of visas of immigrants from 39 countries.
What the Ruling Means for Affected Immigrant Visa Applicants
The Department of State has not announced how they intend to react to this ruling, so it is a bit premature to expect that Embassies world wide will start issuing visas to those affected by the ban.
While the Administration is certain to appeal this ruling, the opinion is a welcome development and an important step toward justice and visas for those affected. As always, we will continue to keep our clients and readers apprised of any new updates on this case and the fate of the 75-country freeze.
Could Immigrant Visa Adjudications Resume Soon?
The State Department recently announced that Embassies would cancel immigrant visa interviews for training in public charge adjudication. This suggests that the government is preparing to comply with the court order to resume visa adjudication. New public charge rules are due to take effect on September 18, 2026.
While the new public charge rules are surely meant to increase denials of visas, the resumption of proper adjudication and the potential end of the 75-country ban is in sight and welcome.