Federal Court Strikes Down Nationality-Based Immigrant Visa Suspension

A federal court in New York has struck down the Trump administration’s suspension of immigrant visa processing for nationals of 75 countries.

In mid-January, the U.S. Department of State suspended the issuance of immigrant visas to nationals of the affected countries based on concerns that immigrants from those countries were more likely to rely on public benefits after entering the United States.

The federal court found that the policy violated federal immigration law because it imposed a blanket restriction based on nationality rather than an individualized assessment of each visa applicant. The judge emphasized that consular officers may evaluate whether an individual applicant is likely to become a “public charge,” but the government cannot use nationality alone as a basis for refusing to process or issue immigrant visas.

A copy of the court’s order is available here.

This decision is a significant victory for families and employers with relatives or employees from the affected countries who have been unable to move forward with immigrant visa processing because of the suspension.

The State Department has not yet indicated how quickly immigrant visa processing and issuance for affected nationals will resume. We will closely monitor the government’s response to the ruling, including whether it appeals the decision, and provide updates as additional information becomes available.

This alert is for informational purposes only. Please contact us if you would like to discuss these developments further.