Denying people entry on nationality grounds is against the law, a judge has ruled
A US court has overturned a Trump administration rule that suspended the issuing of immigrant visas to people from 75 countries.
The State Department announced the restrictions in Janurary, which did not apply to tourist or student visas, saying they were needed to prevent the entry of those who would “take welfare and public benefits.” Russia, Brazil, Colombia, Albania, Egypt, Haiti, Somalia, and Pakistan were among the nations covered by the policy.
Judge Jeannette Vargas of Manhattan said in her ruling on Friday that US consular staff had been ordered to reject visas for all applicants from the blacklisted countries even if they were able to support themselves.
Under American laws, an immigrant’s application can only be turned down if the person is determined likely to become a “public charge” by a review of their finances, health, and skills.
“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,” the judge stated.
Vargas, who was appointed by former President Joe Biden, also found that Secretary of State Marco Rubio did not have the authority to impose the visa ban.
The ruling came in a lawsuit filed by immigrant rights groups, along with applicants for immigrant visas and American citizens whose relatives had been denied visas to the country. The Trump administration can still appeal.
Responding to NPR, a State Department spokesperson would not comment on ongoing litigation. The Trump administration is “protecting the American people by upholding the highest standards of screening and vetting of visa applicants,” the spokesperson insisted.
A sweeping clampdown on immigration, which the White House says is needed to improve domestic security, led to nationwide protests after the fatal shootings of two US citizens by federal agents in Minnesota in January.
Besides imposing visa restrictions, the US government has stepped up deportation of illegal aliens, with Guatemalan President Bernardo Arevalo saying earlier this week that some 2,300 Mexican nationals had been flown to his country from the US since the start of year, despite objections by Mexico.
US Immigration and Customs Enforcement (ICE) also faces scrutiny over conditions in its detention centers. At least 52 people died in the agency’s custody during the first 500 days of Trump’s second term, according to a report by Human Rights Watch and Physicians for Human Rights.
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