Says, “patently unlawful” policy.
US judge on Friday struck down a Trump administration policy suspending the issuance of immigrant visas to applicants from 75 countries, ruling that the policy exceeded Secretary of State Marco Rubio’s statutory authority.
US District Judge Jeannette Vargas in Manhattan said the policy, announced by the State Department in January, was “patently unlawful” and ran afoul of federal immigration law, which explicitly stripped the secretary of state of authority over consular officers’ 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, Reuters reported Saturday.
The State Department’s suspension, which also took effect in January, affected applicants from Latin American countries including Brazil, Colombia and Uruguay; Balkan nations such as Bosnia and Albania; South Asian countries including Pakistan and Bangladesh; and many nations across Africa, the Middle East and the Caribbean.
The State Department said applicants from the affected countries were “at a high risk for becoming a public charge and recourse to local, state and federal government resources in the United States.”
The department did not immediately respond to a request for comment on the ruling.
Vargas, an appointee of former Democratic President Joe Biden, issued the ruling in a lawsuit filed by immigrant rights groups Catholic Legal Immigration Network and African Communities Together, along with immigrant-visa applicants and U.S. citizens sponsoring family members from the designated countries.
President Donald Trump has pursued an aggressive immigration crackdown that he says is aimed at improving domestic security.
Rights groups say the crackdown has violated free speech and due process rights and created an unsafe environment, particularly for ethnic minorities, who have raised concerns about racial profiling.
A check from National Law Immigration Center listed the country below.
What Are the 75 Countries Listed in the Ban?
In alphabetical order, they are: Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.
Why These 75 Countries?
Without citing any facts, the Trump administration claims that people from these countries are more likely than others to “extract wealth” or “take welfare and public benefits” from the United States. The pattern is hard to miss: every single one of the 75 countries listed are in Africa, Asia, Latin America, the Middle East, and Eastern Europe, countries with populations that are mostly nonwhite or that include significant ethnic minorities.
Are Immigrants Even Eligible to Receive Public Benefits?
Many immigrants are not eligible for various forms of government assistance until years after they arrive, or until they become U.S. Citizens. Immigrants may be able to receive services in some states, and Congress decided that all residents should be able to receive certain emergency services and access to critical public programs. Many immigrants do not enroll in government benefits even when they are eligible. Immigrants pay state, local, and federal taxes that help fund the services used by all U.S. residents, including U.S. citizens. Their work and spending helps the U.S. economy grow.
