US federal judge voids Trump visa ban on Bangladesh, 74 nations
Photo: REUTERS
A New York federal judge has voided a Trump administration regulation that halted visa processing for nationals from Bangladesh and 74 countries.
The policy targeted citizens from nations such as Afghanistan, Iran, Russia, and Somalia, whom the administration claimed would likely depend on public benefits in US.
US District Judge Jeannette Vargas, whom former president Joe Biden appointed, invalidated the measure on Friday, ruling that it was “contrary to law and in excess of statutory authority.”
Vargas declared that Secretary of State Marco Rubio went beyond his lawful powers when he created the directive. According to the judge, the policy “runs afoul” of the Immigration and Nationality Act by ordering “the refusal of visas to eligible applicants without any basis in law.”
Judge Vargas emphasized that the administration's regulation stripped consular officers of the decision-making authority that Congress specifically gave them. “Congress imbued these officers with exclusive authority and discretion to determine if an immigrant is eligible for a visa based upon review of specific and detailed criteria set forth in the statute,” she explained in her ruling.
She added, “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.”
Plaintiffs secure victory against family separation
Two advocacy groups and 11 individuals challenged the controversial rule. Among the individual plaintiffs, six had relatives who were denied visas, while five others residing outside US had submitted “employment-based petitions” to relocate to America.
Immigration advocates expressed relief following the court's decision. Anna Gallagher, the executive director of CLINIC - a national nonprofit that provides training, resources, and support to a network of immigration legal service providers and was one of the plaintiffs - praised the ruling.
“We welcome this ruling because, at its heart, this case is about keeping families together,” Gallagher said. “Catholic social teaching calls us to uphold the dignity of every person and recognize the family as the foundation of society,” she said, adding, “This decision affirms both those values and the rule of law, allowing families to once again move forward toward reunification.”
African Communities Together, a Harlem-based nonprofit organization, also joined the lawsuit as a plaintiff. Leadership from the organization hailed the judicial action as “a tremendous victory for the rule of law.”
“This unlawful and racist ban caused immeasurable harm, cruelly keeping families and loved ones apart,” said Diana Konate, deputy executive director for policy and advocacy for the group. “Today, we are elated to tell our community members: this ban is no more.”
Administration defends stricter screening protocols
President Donald Trump continues to expand a broad list of immigration restrictions and travel bans that primarily impact individuals from Africa, Asia, and Latin America.
On Saturday, the State Department defended their approach, saying that the Trump administration is “protecting the American people by upholding the highest standards of screening and vetting of visa applicants.” The agency declined to provide comments on the active lawsuit.
When the administration first introduced the policy, the State Department ordered consular officers to stop processing immigrant visas from the designated 75 nations. This directive aligned with a broader executive order from November aimed at restricting immigrants who might become “public charges”.
Citing findings from the Council of Economic Advisers, the State Department argued that more than 30 percent of households containing immigrants from those 75 countries utilized some type of public assistance.
Moreover, a separate directive instructed all US embassies and consulates to perform “fully vetted and screened” checks on non-immigrant visa applicants to ensure they would not seek public aid in the country. According to an internal cable obtained by The Associated Press, applicants must demonstrate that they will not apply for government benefits during their stay in US. The cable also instructed consular officers to demand a financial proof form if they suspect an applicant might seek public support.
The latest defeat for White House borders agenda
This ruling marks another major legal setback for Trump’s restrictive immigration policies.
Previously in June, a federal judge struck down another administration rule that restricted how immigrants from dozens of countries enter and remain in US, impacting asylum, work permits, green cards, and citizenship applications. In that case, the presiding judge accused US Citizenship and Immigration Services of disregarding the law, saying that the policy forced the lives of many immigrants “into indeterminate legal limbo.”
Source: NBC (adapted)
