Monday, September 28, 2026

Federal judge overturns Rubio visa freeze on 75 nations

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The Supreme Court handed President Donald Trump two decisive immigration victories, clearing the way to end temporary protected status for more than a million migrants and to curb asylum claims at the southern border.

Supreme Court backs Trump immigration reform agenda

The high court approved the administration’s plan to terminate temporary protected status for over a million migrants and to restrict asylum claims at the U.S.-Mexico border.

A federal judge in Manhattan struck down the Trump administration’s 75‑country visa freeze, ruling Secretary of State Marco Rubio lacked legal authority to deny visas to applicants who otherwise qualified.

Judge Jeannette Vargas, a Biden appointee, wrote in a 61‑page opinion that the policy exceeded statutory limits and violated the Immigration and Nationality Act’s ban on nationality‑based discrimination.

The administration had suspended immigrant visas for nationals of 75 countries deemed likely to become public‑benefit dependents, covering regions from Africa to the Middle East.

Vargas said the directive effectively imposed a de‑facto ban on almost 40% of the world’s nations and usurped the consular officers Congress mandated to decide individual eligibility.

The judge emphasized that while officers still issued refusals, the policy predetermined outcomes, rendering their discretion meaningless.

The ruling does not affect denials based on other eligibility criteria, but it forces the government to re‑evaluate all cases halted solely because of the country freeze.

The lawsuit was filed by the Catholic Legal Immigration Network, African Communities Together, five prospective employment‑based immigrants and six U.S. citizens seeking family reunification.

The administration argued the refusals complied with INA Section 221(g), but Vargas rejected that claim, saying no law authorized officers to deny visas to already‑eligible applicants.

She described the policy as an “exercise in Orwellian logic,” noting it violated the INA’s prohibition on nationality‑based discrimination and the constitutional separation of powers.

The Supreme Court’s earlier 2018 decision upholding Trump’s travel ban differed because it addressed presidential entry authority, not visa eligibility for legally admissible applicants.

The Trump administration has revoked roughly 100,000 visas in 2025 as part of its aggressive immigration enforcement.

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