Federal judge blasts Rubio’s 75-country visa freeze as ‘Orwellian,’ strikes down policy

A federal judge struck down the Trump administration’s freeze on immigrant visas from 75 countries Friday, ruling Secretary of State Marco Rubio lacked the legal authority to order denials for applicants otherwise found eligible to enter the United States.

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District Judge Jeannette Vargas, a Biden appointee in Manhattan, vacated the State Department policy and any visa refusals based solely on it, directing the government to revisit those cases.

"The Court holds that the Policy is contrary to law and was issued in excess of Secretary Rubio’s statutory authority," Vargas wrote in her 61-page opinion.

The State Department enacted the policy in January, suspending immigrant visa issuance to nationals of 75 countries the department deemed at high risk of becoming dependent on public benefits.

The list spans Africa, Latin America, the Caribbean, Eastern Europe, Southeast Asia and the Middle East.

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But even applicants who passed that review showed "additional evidence that demonstrates he or she overcomes the public charge refusal" and had no other reason to be denied were still refused visas if they came from one of the 75 designated countries.

"While the Policy permits consular officers to exercise their normal functions up to a point, whatever determinations they make as to eligibility for the applicants subject to the Policy are ultimately irrelevant," Vargas wrote.

"The outcome is predetermined.

The visa will be refused." The judge said the directive effectively imposed a nationality-based ban on immigrants from nearly 40% of the world’s countries and sidelined the consular officers Congress charged with deciding whether individual applicants qualify for visas.

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"In addition to its other defects, the Policy also exceeds the statutory authority that the INA vests in the Secretary of State," Vargas continued.

"Specifically, Secretary Rubio’s Cable directing consular officers that they 'must refuse' immigrant visas to nationals of certain countries cannot be reconciled with Congress’s express limitation on his authority as Secretary of State." The Trump administration argued the refusals were lawful because officers formally issued them under Section 221(g) of the Immigration and Nationality Act, an existing provision governing visa refusals.