A US federal judge has set aside a State Department policy that suspended immigrant visa issuance for nationals of 75 countries, including Pakistan and Bangladesh. The August 21 ruling found that the department’s nationality-wide pause exceeded the authority Congress gave the secretary of state.
US District Judge Jeannette Vargas said the policy displaced the case-by-case role assigned to consular officers under federal immigration law. The suspension had taken effect in January and covered applicants across South Asia, Africa, the Middle East, Latin America, the Caribbean and parts of Europe.
The policy represents a direct abrogation of this statutory scheme.
— US District Judge Jeannette Vargas
The case was brought by Catholic Legal Immigration Network, African Communities Together and individual plaintiffs, including US citizens sponsoring relatives and applicants pursuing employment-based immigration. The challengers argued that eligible applicants were being refused because of nationality rather than an individual assessment.
What the ruling changes
The decision concerns immigrant visa issuance under the challenged 75-country policy. It does not automatically erase every separate US travel restriction, determine whether an individual applicant qualifies for a visa or guarantee immediate processing at every consular post.
The State Department had justified the pause by saying nationals of the listed countries presented a heightened risk of becoming dependent on public benefits. Judge Vargas concluded that the department could not impose a categorical nationality-based refusal where the statute requires consular officers to assess applicants against detailed legal criteria.
The practical timetable now depends on implementation. The administration may appeal or seek a stay, while consular posts will need operational guidance before affected cases move consistently. Applicants should rely on official State Department and embassy notices rather than assumi… [truncated for model]