U.S. District Judge Jeannette Vargas overturned as unlawful a policy suspending immigrant visa processing for applicants from 75 countries, including Afghanistan, Iran, Russia and Somalia.
The policy covered immigrant visa applications from countries whose citizens were deemed likely to require public assistance in the United States.
Judge assesses scope of authority
Vargas said the policy introduced by U.S. Secretary of State Marco Rubio exceeded the department’s authority by requiring officials to deny visas to otherwise eligible applicants without a legal basis. The judge concluded that the policy violated the Immigration and Nationality Act.
Vargas also said the policy undermined a congressional provision that gives consular officers primary responsibility for evaluating visa applications. She said those officers have exclusive authority to review the specific criteria set out in the law and determine whether immigrants are eligible to receive visas.
Vargas said the policy categorically barring the issuance of immigrant visas based on applicants’ nationality directly violated the relevant statutory provision.

Policy was implemented over public assistance concerns
The U.S. State Department had instructed consular officials to halt immigrant visa applications from 75 countries under a broader order that took effect in November and tightened rules concerning potential immigrants who could become a burden on the public.
The department said, citing data from the Council of Economic Advisers, that more than 30 percent of households containing immigrants from those countries received some form of public assistance.