Judge Voids Trump Visa Freeze Covering 75 Nations

A U.S. federal judge has struck down the Trump administration’s suspension of immigrant visa issuance for nationals of 75 countries, ruling that Secretary of State Marco Rubio exceeded his statutory authority.

U.S. District Judge Jeannette Vargas of the Southern District of New York ruled on Aug. 21 that the State Department’s January policy was “patently unlawful” because it categorically restricted immigrant visa issuance based on nationality. The State Department had introduced the suspension on Jan. 21, citing concerns that applicants from the affected countries could become public charges.

Court Rejects Blanket Visa Suspension

The State Department’s Jan. 21 policy paused immigrant visa issuance for nationals of 75 countries, including Brazil, Colombia, Uruguay, Albania, Bosnia and Herzegovina, Bangladesh, Pakistan and countries across Africa, the Middle East and the Caribbean. The department said the affected nationalities presented a high risk of applicants becoming dependent on U.S. government resources.

Judge Vargas ruled that the nationality-based policy conflicted with the statutory framework governing immigrant visa processing. In her ruling, she said the policy’s categorical prohibition represented a “direct abrogation” of the statutory scheme governing consular decisions.

The case was brought by the Catholic Legal Immigration Network, African Communities Together, affected visa applicants and U.S. citizens sponsoring relatives. The lawsuit was filed in the Southern District of New York on Feb. 2, 2026, under the Administrative Procedure Act.

What Happens to Affected Immigrant Visa Applicants

The ruling removes the blanket suspension that had prevented immigrant visa issuance solely because an applicant was a national of one of the 75 designated countries. The National Immigration Law Center said the court also vacated visa denials based solely on the policy and ordered the State Department to restore case-by-case evaluation.

The State Department’s original guidance distinguished the 75-country suspension from separate restrictions imposed under Presidential Proclamation 10998, which took effect Jan. 1 and fully or partially suspended visa issuance or entry for nationals of 39 countries. The 75-country policy was separately based on public-charge concerns.

The ruling therefore does not eliminate every immigration restriction affecting nationals of the countries covered by the January suspension. Applicants can still be subject to other statutory requirements, presidential restrictions, visa-category limits and individual admissibility determinations under U.S. immigration law.

Public Charge Rules Remain Central

The State Department has continued to apply public-charge requirements to immigrant visa applicants. Under U.S. immigration law, consular officers may consider factors including an applicant’s age, health, family status, assets, financial resources, education and skills when determining whether the applicant is likely to become a public charge.

The department also announced in August that it was using a pilot procedure allowing consular officers to require certain immigrant visa applicants to seek a public-charge bond through U.S. Citizenship and Immigration Services. The department said an approved bond can provide a route for an applicant previously denied under the public-charge provision to receive an immigrant visa if otherwise eligible.

The court ruling changes the application of the 75-country blanket suspension, but it does not remove individualized public-charge assessments or other requirements imposed under federal immigration law. The State Department’s own guidance continues to recognize public-charge determinations as part of immigrant visa adjudication.

What Comes Next

The decision puts the State Department’s nationality-based suspension under immediate legal pressure and requires the government to follow the court’s ruling unless a higher court changes or stays it. The National Immigration Law Center said the decision requires the department to restore lawful, case-by-case processing.

The broader Trump administration immigration restrictions remain in place where they arise from separate presidential proclamations or statutory provisions. Presidential Proclamation 10998, for example, separately imposed full or partial visa restrictions on nationals of 39 countries beginning Jan. 1, 2026.

For affected families and employment-based applicants, the ruling restores an important route toward individualized consideration rather than automatic exclusion based solely on nationality. The State Department‘s next implementation steps will determine how quickly affected cases return to ordinary case-by-case adjudication.