US judge strikes down Trump’s immigrant visa freeze affecting 26 African countries

US District Judge Jeannette Vargas issued the ruling in Manhattan on Friday, 21 August, finding that Secretary of State Marco Rubio exceeded the powers granted to him under federal immigration law.

According to the State Department’s official list, the African countries covered by the policy were Algeria, Cameroon, Cape Verde, Côte d’Ivoire, the Democratic Republic of Congo, Egypt, Eritrea, Ethiopia, The Gambia, Ghana, Guinea, Liberia, Libya, Morocco, Nigeria, the Republic of Congo, Rwanda, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Tanzania, Togo, Tunisia and Uganda.

The ruling could reopen immigrant visa consideration for families and workers from those countries, but it does not guarantee approval or immediate issuance.

The Associated Press reported that Vargas vacated the policy after concluding that it was contrary to the law and exceeded the secretary of state’s statutory authority.

The policy had been in effect since 21 January 2026. It instructed US consular officers not to issue immigrant visas to nationals of the designated countries while the State Department reviewed its screening rules.

The department said at the time that applicants from the countries presented a high risk of becoming dependent on public assistance in the United States.

Affected applicants could still submit documents and attend interviews. However, consular officers were prevented from issuing immigrant visas even when an applicant satisfied the existing eligibility requirements.

Judge rejects blanket nationality restriction

Vargas found that the restriction conflicted with the Immigration and Nationality Act, which gives consular officers responsibility for assessing applicants against criteria established by Congress.

“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,” the judge wrote.

The court also found that the blanket policy disregarded provisions of US immigration law prohibiting discrimination in immigrant visa issuance based on nationality, race, sex, birthplace or residence.

The lawsuit was filed by the Catholic Legal Immigration Network and African Communities Together, alongside 11 individuals affected by the suspension.

Six of the individual plaintiffs were US residents or citizens who had sponsored relatives seeking immigrant visas. The remaining five had filed employment-based petitions to relocate to the United States, according to the Associated Press.

African Communities Together, a New York-based organisation representing African immigrants, described the decision as a victory for families separated by the restriction.

The State Department said it would not comment on pending litigation. It had not announced new operational guidance for embassies and consulates at the time of publication.

The judgment removes the State Department policy that stopped immigrant visas from being issued solely because an applicant came from one of the 75 countries.

It restores the requirement for consular officers to consider affected applications individually under existing immigration law.

Immigrant visas generally cover people seeking permanent residence in the United States. They include applicants sponsored by close relatives, employers and some other recognised immigration programmes.

The suspended policy did not apply to ordinary non-immigrant visas, including most tourist, short-term business and student visas.

However, the ruling does not mean that every applicant from the 26 African countries can now receive a visa.

Applicants must still satisfy financial, medical, security and documentation requirements. Consular officers can also reject individuals considered likely to become a “public charge” after assessing their circumstances.

The Trump administration could appeal the judgment or seek to suspend its implementation while an appeal is heard.

Separate travel restrictions remain

The ruling should not be confused with the Trump administration’s separate entry and visa restrictions covering 39 countries.

Those restrictions, imposed under Presidential Proclamation 10998, took effect on 1 January 2026 and fully or partly suspended several visa categories for nationals of affected countries.

African countries under the full restrictions include Burkina Faso, Chad, the Republic of Congo, Equatorial Guinea, Eritrea, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan and Sudan.

Another group, including Angola, Benin, Burundi, Côte d’Ivoire, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Zambia and Zimbabwe, faces partial restrictions.

Therefore, some Africans covered by Friday’s court judgment may remain unable to obtain particular visas because of the separate presidential proclamation.

The practical effect of the ruling will depend on whether the Trump administration appeals and how quickly the State Department instructs its diplomatic missions to resume individual consideration of affected cases.