‘Contrary to law’: US judge strikes down Trump’s 75-country visa ban
US judge strikes down Trump’s 75-country visa ban, dealing a significant legal setback to Donald Trump’s immigration agenda after a federal judge ruled that the administration exceeded its authority by suspending immigrant visa processing for nationals of 75 countries.
US District Judge Jeannette Vargas issued the ruling in the Southern District of New York on Friday, 21 August 2026. She found that the policy introduced by Secretary of State Marco Rubio was “contrary to law” and exceeded his statutory authority.
The decision affects a policy announced by the US State Department in January that suspended the processing of immigrant visas for applicants from 75 countries. The administration had argued that the measure was necessary to prevent immigrants who might rely on public assistance from entering the United States.
However, Judge Vargas concluded that consular officers could not be instructed to reject otherwise eligible immigrant visa applicants solely because of their nationality.
Trump visa ban challenged in federal court
The Trump visa ban formed part of a wider US immigration crackdown pursued by the administration since Donald Trump returned to the White House.
The January policy affected applicants from countries across Africa, Asia, the Middle East, the Caribbean, Latin America and other regions. Countries named among the affected 75 included Afghanistan, Brazil, Egypt, Iran, Iraq, Nigeria, Somalia, Thailand and Yemen.
The State Department had justified the suspension by arguing that immigrants from certain countries could be more likely to become dependent on welfare or become a “public charge”.
The policy effectively prevented consular officers from processing affected immigrant visa applications while the administration reassessed the applicants and the countries involved.
The legal challenge was brought by nonprofit organisations, affected visa applicants and US citizens sponsoring relatives. The plaintiffs argued that the policy interfered with the normal immigration process and unlawfully prevented people from having their individual circumstances assessed.
Judge Jeannette Vargas questions government authority
Judge Jeannette Vargas rejected the administration’s attempt to make nationality the decisive factor in determining whether an immigrant visa could be issued.
According to the ruling, federal immigration law gives consular officers authority and discretion to determine whether individual applicants qualify for immigrant visas. Vargas found that the policy effectively removed that individual assessment by imposing a categorical suspension based on nationality.
The judge said the policy was contrary to federal immigration law and that Secretary of State Marco Rubio had exceeded the authority granted to him by Congress.
The ruling therefore represents an important distinction between presidential authority over immigration and the statutory authority governing the actual issuance of visas.
75-country visa suspension affects applicants
The 75-country visa suspension had broad implications because it covered nations from several regions of the world.
Applicants affected by the policy included people seeking immigrant visas through family-based and employment-based immigration routes. Some plaintiffs told the court that their relatives were prevented from completing the legal immigration process because of the suspension.
The court’s decision means visa refusals that were based solely on the challenged policy are vacated. Applicants who were affected can therefore have their cases reconsidered under the normal immigration framework rather than being automatically rejected because of their country of origin.
That does not mean every applicant will automatically receive a US visa.
Instead, eligible applicants must still satisfy the requirements of US immigration law, and consular officers retain the responsibility of evaluating individual applications.
What happens to affected visa applicants?
The ruling does not create an automatic pathway for every applicant from the 75 countries to enter the United States.
Rather, it removes the blanket policy that prevented consular officers from properly assessing affected applicants.
Applicants will still need to meet the relevant requirements, including applicable immigration, security and financial criteria.
The decision is particularly significant for families separated by the suspension because some US citizens had been sponsoring relatives overseas. Immigration advocates described the ruling as an important victory for family reunification and the rule of law.
Donald Trump immigration policy faces legal challenge
The ruling represents another challenge to Donald Trump immigration policy, which has focused heavily on reducing immigration, increasing deportations and tightening the requirements for people seeking to enter or remain in the United States.
Trump returned to the White House after campaigning on promises to remove millions of undocumented migrants and strengthen immigration enforcement.
His administration has subsequently pursued several policies designed to increase deportations, reduce border crossings and restrict immigration pathways.
The 75-country visa policy was part of that broader strategy. The administration argued that stricter screening and restrictions were necessary to protect American taxpayers and prevent immigrants from becoming dependent on public benefits.
The latest ruling demonstrates the limits that federal courts can place on executive immigration policies when judges determine that an administration has exceeded the authority provided by Congress.
Administration can appeal ruling
The US government can appeal Judge Vargas’ decision, meaning the legal battle over the policy may not be finished.
According to reports, the administration can challenge the ruling before the US Court of Appeals for the Second Circuit. Vargas has also given the parties time to propose how the remaining issues in the case should be resolved.
The outcome of any appeal could therefore determine whether the policy remains permanently blocked or whether the administration can revive some version of the suspension.
For affected applicants, the appeal process could create continued uncertainty about how quickly their visa applications will be processed.
US immigration crackdown suffers setback
The ruling is being viewed as a setback to the US immigration crackdown, although it does not invalidate Trump’s broader immigration programme.
The administration continues to have significant powers to enforce immigration laws and establish policies governing border security and visa screening.
What Judge Vargas rejected was the specific approach of categorically suspending immigrant visa processing based solely on an applicant’s nationality.
The ruling also highlights the difference between refusing entry to someone at the border and deciding whether a person should receive an immigrant visa in the first place. The administration had relied in part on previous Supreme Court precedent concerning presidential authority over entry, but Vargas found that the legal question before her was different.
Why the ruling matters
The case is significant because it concerns the balance between executive power and the immigration authority granted to government officials under federal law.
For the Trump administration, the decision could make it more difficult to implement broad nationality-based restrictions without a stronger statutory basis.
For immigrant families and visa applicants, the ruling restores the possibility of having applications evaluated individually rather than automatically suspended because of their nationality.
The decision could also influence other legal challenges involving the administration’s immigration policies.
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What comes next?
The immediate focus will be on how the State Department responds to the ruling and whether the government appeals.
The administration has not indicated that the broader objectives of its immigration programme have changed. Instead, the legal fight is likely to continue as officials consider their options.
For applicants affected by the 75-country visa suspension, the key issue will be whether their individual cases can now move forward through the normal consular process.
For the administration, the case raises questions about how far the executive branch can go when implementing immigration restrictions without specific congressional authority.
The US judge strikes down Trump’s 75-country visa ban ruling therefore represents more than a temporary setback. It is a significant judicial statement about the limits of executive power in immigration policy.
As the administration considers an appeal, affected applicants, immigrant families and advocacy groups will be watching closely to see whether the decision ultimately leads to the resumption of normal visa processing.
For now, Judge Vargas’ ruling means that visa applicants cannot be refused solely because they are nationals of one of the 75 countries covered by the policy. Their applications must instead be considered under the applicable provisions of US immigration law.
References from mainstream media
- Reuters – US judge strikes down policy suspending immigrant visa processing for 75 nations — Read the Reuters report
- CNN – Trump’s 75-country immigrant visa ban struck down by judge — Read the CNN report
- ABC News – Judge ends visa pause — Read the ABC News coverage
- Al Jazeera – Read the Al Jazeera report
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