U.S. Court Strikes Down State Department Visa Ban on 75 Countries, Including Yemen

NEW YORK— A federal court in the Southern District of New York has overturned a State Department policy that suspended immigrant visa issuance for nationals of 75 countries, including Yemen.

The ruling, issued Friday, found that the measure announced in January exceeded the legal authority of Secretary of State Marco Rubio. 

The court stressed that the policy was “plainly unlawful” and conflicted with federal immigration law, which restricts the secretary’s powers over consular visa procedures.

Earlier this year, the State Department halted visa processing for applicants from Latin America, the Balkans, South Asia, Africa, the Middle East, and the Caribbean, citing concerns that they were “highly likely to become a public burden” on U.S. resources.

Under the court’s decision, the department cannot deny visas solely on the basis of nationality. Cases previously rejected under the policy must be returned to consulates for individual review in accordance with immigration law.

Abdulrahman Barman, executive director of the American Center for Justice, called the ruling “an important development for Yemenis whose files were disrupted,” but cautioned that it does not guarantee visas or entry into the United States. 

Applications remain subject to eligibility checks, consular procedures, and other grounds for refusal.

The judgment does not affect other U.S. restrictions on Yemeni nationals, and the government may appeal or seek a temporary stay, leaving the policy’s future uncertain.