BREAKING | Federal Judge Strikes Down Immigrant Visa Suspension Affecting 75 Countries, Including Egypt
3 days ago
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NEW YORK — August 21, 2026
In a significant legal setback for President Donald Trump’s immigration policies, a federal judge on Friday struck down a U.S. State Department policy that suspended the issuance of immigrant visas to nationals of 75 countries, including Egypt, ruling that it violated federal law and exceeded Secretary of State Marco Rubio’s statutory authority.
The decision was issued by U.S. District Judge Jeannette A. Vargas of the Southern District of New York in Catholic Legal Immigration Network, Inc. v. Rubio.
The State Department announced the suspension in January 2026, claiming that immigrants from the designated countries presented a high risk of becoming dependent on public assistance or being classified as a “public charge” in the United States.
Under a directive issued by Rubio, consular officers were instructed to refuse immigrant visas to nationals of the 75 countries even when an individualized assessment determined that an applicant was eligible for a visa and unlikely to become a public charge.
Policy deemed “patently unlawful”
Judge Vargas described the State Department policy as “patently unlawful” and ruled that it conflicted with the Immigration and Nationality Act, which gives consular officers authority to make individual decisions regarding the issuance or refusal of immigrant visas.
The court found that Rubio’s directive requiring consular officers to refuse applications based on an applicant’s nationality exceeded the legal limits Congress placed on the secretary of state’s authority.
According to the ruling, Rubio’s directive “undeniably flouts” the statutory limitation on his authority because it predetermined the outcome of immigrant visa applications instead of allowing consular officers to evaluate each applicant individually under federal law.
The judge also sharply criticized one of the government’s arguments as “an exercise in Orwellian logic.” The government had argued that consular officers retained their decision-making role even though the policy effectively permitted only one outcome: refusal.
Policy and related visa refusals vacated
The court ordered the 75-country immigrant visa suspension policy to be set aside and vacated because it was contrary to law and issued beyond the secretary of state’s statutory authority.
The ruling also vacated immigrant visa refusals that were based solely on the policy and returned those cases to the appropriate agencies for further proceedings consistent with the court’s decision.
Judge Vargas wrote:
“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.”
What does the ruling mean for applicants?
The decision removes the blanket nationality-based suspension affecting immigrant visa applicants from the 75 designated countries. It does not, however, guarantee that every applicant will receive a visa.
Each application will remain subject to an individual review, eligibility requirements, security screening, financial considerations and all other conditions imposed by U.S. immigration law.
The ruling applies specifically to immigrant visas, including certain family-sponsored and permanent immigration categories. It does not apply to tourist, student, business or other temporary nonimmigrant visas.
The U.S. government may appeal the decision or seek to have its enforcement stayed by a higher court.
