On Friday, August 21, 2026, U.S. District Judge Jeannette Vargas of the Southern District of New York struck down the Trump administration's suspension of immigrant visa processing for 75 countries, calling the policy “patently unlawful” and “contrary to law.”
The State Department announced the pause in January 2026, saying it would indefinitely halt immigrant visa processing for nations “whose migrants take welfare from the American people at unacceptable rates.” The list covered close to 40 percent of the world's countries, including Brazil, Colombia, Somalia and Russia.
Vargas found that in practice consular officers had been ordered to reject applicants solely on the basis of nationality, including applicants who could plainly support themselves. She held that the policy exceeded Secretary of State Marco Rubio's authority, noting that federal immigration law explicitly strips the secretary of state of power over how consular officers adjudicate individual immigrant visas.
The ruling reinstates individualized evaluation of applicants from the affected countries.