US judge strikes down Trump immigrant visa ban for 75 countries

A federal judge has struck down an administration policy that suspended the issuance of immigrant visas to applicants from dozens of nations. U.S. District Judge Jeannette Vargas of Manhattan issued the ruling in the Southern District of New York on Friday, August 21, 2026. Vargas declared the policy patently unlawful and found that it conflicted with federal immigration law.

According to reporting cited from Reuters, Vargas ruled that the policy improperly gave Secretary of State Marco Rubio authority over how consular officers handle immigrant visa applications. Federal immigration law explicitly stripped the secretary of state of authority over consular officers’ adjudication 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"

U.S. District Judge Jeannette Vargas, via US Today

Vargas, an appointee of Democratic former President Joe Biden, issued the ruling in a lawsuit filed by immigrant rights groups Catholic Legal Immigration Network and African Communities Together. Additional plaintiffs included individual applicants for immigrant visas and United States citizens sponsoring family members from the designated countries.

Origins and Scope of the Visa Freeze

The Department of State paused all visa issuances to immigrant visa applicants who are nationals of a long list of countries on Jan. 21, 2026. The suspension affected applicants from Latin American countries including Brazil, Colombia and Uruguay, Balkan nations such as Bosnia and Albania, South Asian countries like Pakistan and Bangladesh, and many nations in Africa, the Middle East and the Caribbean, totaling 75 countries.

The Department of State stated on its website regarding the measure:

"The Department of State is undergoing a full review of all screening and vetting policies to ensure that immigrants from high-risk countries do not unlawfully utilize welfare in the United States or become a public charge"

Department of State, via US Today

Al Jazeera noted that applicants from those countries were described as being at a high risk for becoming a public charge and recourse to local, state and federal government resources in the United States. President Donald Trump has pursued an aggressive immigration crackdown during his presidency that he argues is aimed at improving domestic security.

According to the Center for Constitutional Rights, the freeze was one of several restrictions the administration has imposed in rapid succession. These followed a pause on diversity visa issuance in late December, and a broader travel ban covering 39 countries that took effect January 1.

Legal Challenge and Broader Context

Rights groups have suggested that the wider crackdown violates free speech and due process rights, particularly for minorities, who have raised concerns about racial profiling.

The Department of State has not immediately responded to the ruling, according to Reuters reports.

Key Immigration Actions Under Review

• Late December: A pause on diversity visa issuance.
• January 1: A broader travel ban covering 39 countries took effect.
• Jan. 21, 2026: The Department of State paused all visa issuances to immigrant visa applicants who are nationals of a long list of countries, including Brazil, Colombia, Uruguay, Bosnia, Albania, Pakistan, Bangladesh, and others across Africa, the Middle East, and the Caribbean.
• August 21, 2026: Judge Jeannette Vargas of Manhattan said in her ruling on Friday in the Southern District of New York that the policy was patently unlawful.