On August 21, 2026, a federal court struck down the Trump administration’s policy suspending immigrant visa issuance to nationals of 75 countries, holding that the blanket nationality-based policy violated federal immigration law and exceeded the Secretary of State’s authority.
In Catholic Legal Immigration Network, Inc. v. Rubio, decided August 21, 2026, Judge Jeannette Vargas of the Southern District of New York vacated the Department of State policy, which had directed consular officers to refuse immigrant visas to nationals of 75 designated countries based on concerns that applications from those countries posed a heightened risk of becoming a public charge. The policy applied even where a consular officer had determined, after an individualized review, that the applicant was not likely to become a public charge and was otherwise eligible for the visa.
The court emphasized that immigrant visa refusals must be based on a specific legal ground of ineligibility. It also relied on 8 U.S.C. § 1152(a)(1)(A), which prohibits discrimination in immigrant visa issuance based on nationality, race, sex, place of birth, or place of residence, subject to statutory exceptions.
The decision distinguishes this case from Trump v. Hawaii. Unlike restrictions on entry or admission into the US, the 75-country policy directly restricted visa issuance, an area where Congress expressly prohibited nationality-based discrimination. As Judge Vargas explained, the INA draws an important distinction between admission and visa issuance.
What Does This Mean for Applicants?
The court vacated the 75-country policy in its entirety. It also set aside immigrant visa refusals that were based solely on that policy, meaning those applications must be reconsidered under the ordinary immigration laws rather than categorically refused because of the applicant’s nationality.
Applicants can no longer be refused an immigrant visa solely because of the 75-country policy. However, the ruling does not guarantee visa approval. Applicants may still be subject to other grounds of inadmissibility or visa refusal.
The ruling also does not invalidate the separate national-security restrictions currently affecting nationals of 39 countries under Presidential Proclamation 10998. Those restrictions remain in effect, so applicants from affected countries may continue to face restrictions on visa issuance.
The decision is an important reminder that, even where executive authority over immigration is broad, the government must follow the statutory limits Congress has placed on the immigrant visa process. For applicants affected by the 75-country suspension, the ruling restores the right to have their immigrant visa eligibility evaluated under the individualized standards established by the INA.