Federal judge strikes down Trump ban on visa processing for 75 nations

Aug. 22 (UPI) — A federal judge on Friday struck down the Trump administration’s ban on issuing visas to citizens of 75 countries.

The State Department in January said it would indefinitely pause immigrant visa processing for certain nations “whose migrants take welfare from the American people at unacceptable rates.”

The list included almost 40% of countries in the world, including Brazil, Colombia, Somalia and Russia.

But in a Friday ruling, Judge Jeanette Vargas said the decision was “contrary to law” and exceeded the authority of State Secretary Marco Rubio.

“In many ways, this is not a challenging case,” wrote Vargas, of the Federal District Court in Manhattan, noting the Immigration and Nationality Act of 1952 prohibits discrimination on the basis of nationality.

“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,” Vargas wrote.

The judge’s ruling also overturned any visa denials based solely on the January ban, mandating the State Department to review cases on an individual basis.

“This decision is a tremendous victory for the rule of law,” said Diana Konate, deputy executive director for policy and advocacy at African Communities Together, one of the plaintiffs in the case.

“This unlawful and racist ban caused immeasurable harm, cruelly keeping families and loved ones apart,” Konate added in a statement. “Today, we are elated to tell our community members: this ban is no more.”

Friday’s ruling is yet another setback in the Trump administration’s efforts to severely curb legal and illegal immigration.

In June, the Supreme Court struck down President Donald Trump’s executive order banning birthright citizenship, a right enshrined in the Constitution’s 14th Amendment.

“Citizenship then and now, was the right to have rights — to freely participate in our political community,” Chief Justice John Roberts wrote for the majority. “We keep that promise today.”