A United States District Court in Manhattan has struck down a Donald Trump administration policy that suspended the processing and issuance of immigrant visas for applicants from 75 countries, including Nigeria.
In a ruling delivered on Friday, U.S. District Judge Jeannette Vargas declared the January directive issued by the State Department unlawful, ruling that it exceeded the statutory authority of Secretary of State Marco Rubio.
The policy, which took effect on January 21, halted the issuance of immigrant visas to nationals of 75 countries on the grounds that they posed “a high risk for becoming a public charge” by relying on U.S. government financial assistance.
The affected countries are Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Cambodia, Cameroon, Cape Verde, Colombia, Cuba, Dominica, Democratic Republic of the Congo, Egypt, Eritrea, Ethiopia, Fiji, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Ivory Coast, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyzstan, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Myanmar, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Senegal, Sierra Leone, Somalia, South Sudan, Saint Vincent and the Grenadines, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan and Yemen.
Earlier this year, President Donald Trump released data on welfare dependency rates among immigrant households, stating that about 33.3 per cent of Nigerian immigrant households received some form of public assistance.
Under the directive, visa applications could also be refused for older or overweight applicants, as well as those with a history of receiving government cash assistance or institutionalisation.
Delivering the judgment, Judge Vargas, who was appointed by former President Joe Biden, ruled that the suspension conflicted with federal immigration law, which assigns authority over consular processing of immigrant visas outside the Secretary of State’s powers.
“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.
The lawsuit was filed by immigrant rights organisations, the Catholic Legal Immigration Network and African Communities Together, along with U.S. citizens sponsoring family members and visa applicants from the affected countries.
According to court filings, the State Department had issued a cable to U.S. missions in January directing consular officers to refuse applicants whose visas had been “print-authorized” but had not yet been printed.
The department said the suspension formed part of a comprehensive review aimed at strengthening screening and vetting procedures while preventing foreign nationals from relying on U.S. welfare programmes.
“Applicants from these countries are at a high risk for becoming a public charge and recourse to local, state and federal government resources in the United States,” the cable stated.
Defending the policy at the time, Principal Deputy Spokesperson Tommy Pigott said:
“The State Department will use its long-standing authority to deem ineligible potential immigrants who would become a public charge on the United States and exploit the generousity of the American people.
“Immigration from these 75 countries will be paused while the State Department reassess immigration processing procedures to prevent the entry of foreign nationals who would take welfare and public benefits.”
Since returning to office in January, President Trump has pursued a sweeping immigration crackdown, saying the measures are intended to strengthen domestic security and tighten immigration enforcement.
Here are the 75 countries
The policy affected 75 countries. They are:
1. Afghanistan
2. Albania
3. Algeria
4. Antigua and Barbuda
5. Armenia
6. Azerbaijan
7. Bahamas
8. Bangladesh
9. Barbados
10. Belarus
11. Belize
12. Bhutan
13. Bosnia and Herzegovina
14. Brazil
15. Cambodia
16. Cameroon
17. Cape Verde
18. Colombia
19. Cuba
20. Dominica
21. Democratic Republic of the Congo (DR Congo)
22. Egypt
23. Eritrea
24. Ethiopia
25. Fiji
26. Gambia
27. Georgia
28. Ghana
29. Grenada
30. Guatemala
31. Guinea
32. Haiti
33. Iran
34. Iraq
35. Ivory Coast (Côte d’Ivoire)
36. Jamaica
37. Jordan
38. Kazakhstan
39. Kosovo
40. Kuwait
41. Kyrgyzstan
42. Laos
43. Lebanon
44. Liberia
45. Libya
46. Moldova
47. Mongolia
48. Montenegro
49. Morocco
50. Myanmar
51. Nepal
52. Nicaragua
53. Nigeria
54. North Macedonia
55. Pakistan
56. Republic of the Congo
57. Russia
58. Rwanda
59. Saint Kitts and Nevis
60. Saint Lucia
61. Senegal
62. Sierra Leone
63. Somalia
64. South Sudan
65. Saint Vincent and the Grenadines
66. Sudan
67. Syria
68. Tanzania
69. Thailand
70. Togo
71. Tunisia
72. Uganda
73. Uruguay
74. Uzbekistan
75. Yemen
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