A United States District Court in Manhattan has struck down a policy introduced by the Donald Trump administration suspending the processing and issuance of immigrant visas to applicants from 75 countries, including Nigeria.
In a ruling delivered on Friday, U.S. District Judge Jeannette Vargas described the January directive issued by the State Department as unlawful, holding that it exceeded the statutory authority of Secretary of State Marco Rubio.
The policy, which took effect on January 21, barred the issuance of immigrant visas to nationals of 75 countries on the grounds that applicants posed a “high risk for becoming a public charge” and could rely on U.S. government assistance.
Full list of affected countries
The affected countries are Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Cambodia, Cameroon, Cabo Verde, Colombia, Cuba, Dominica, Democratic Republic of the Congo, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Ivory Coast, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyzstan, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Myanmar, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Senegal, Sierra Leone, Somalia, South Sudan, Saint Vincent and the Grenadines, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan and Yemen.
Earlier this year, President Trump’s administration published data on welfare dependency among immigrant households, noting that about 33.3 per cent of Nigerian immigrant households received some form of public assistance.
Under the directive by Trump, applicants considered at risk of becoming dependent on public assistance could be denied visas. The policy also raised concerns over applicants’ age, weight, previous use of government cash assistance and a history of institutionalisation.
However, in her judgment, Judge Vargas, an appointee of former President Joe Biden, held that the suspension conflicted with federal immigration law, which limits the Secretary of State’s authority over the consular processing of immigrant visas.
“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,” she wrote.
The lawsuit was filed by immigrant rights groups, including the Catholic Legal Immigration Network and African Communities Together, along with U.S. citizens sponsoring family members and visa applicants from the affected countries.
In a cable sent to U.S. missions in January, the State Department directed consular officers to refuse applicants whose visas had been “print-authorized” but had not yet been printed.
The department said the suspension formed part of a broader review aimed at ensuring the highest level of screening and vetting and preventing foreign nationals from exploiting U.S. welfare systems.
“Applicants from these countries are at a high risk for becoming a public charge and recourse to local, state and federal government resources in the United States,” the cable stated.
Principal Deputy Spokesperson Tommy Pigott had defended the policy, saying the State Department would use its long-standing authority to deem ineligible potential immigrants who could become a public charge on the United States.
“Immigration from these 75 countries will be paused while the State Department reassesses immigration processing procedures to prevent the entry of foreign nationals who would take welfare and public benefits,” Pigott said.
Since returning to office in January, President Trump has pursued an aggressive immigration crackdown, citing national security and efforts to tighten controls over immigration.
