A federal judge in Manhattan has struck down a Trump administration policy that suspended the issuance of immigrant visas to nationals of 75 countries, including Afghanistan, ruling that the U.S. State Department lacked the legal authority to halt visa processing solely on the basis of applicants’ nationality.
U.S. District Judge Jeannette Vargas said in her ruling that neither the State Department nor Secretary of State Marco Rubio had the statutory authority to require consular officers to stop issuing immigrant visas based solely on an applicant’s nationality.
The policy took effect on Jan. 21, 2026, indefinitely suspending the issuance of immigrant visas to nationals of 75 countries. The State Department had said the measure was intended to address concerns that some applicants could rely on government assistance and become a “public charge.”
Afghanistan was among the countries covered by the policy, alongside Iran, Iraq, Pakistan, Bangladesh, Brazil, Colombia, Albania and several countries in Africa, the Middle East, Latin America, the Caribbean and the Balkans.
Under the policy, immigrant visa cases from those countries could be halted even after applicants had completed required stages of the visa process.
Judge calls policy “plainly unlawful”
Vargas described the State Department policy as “plainly unlawful,” ruling that U.S. immigration law does not give the secretary of state authority to direct consular officers to deny immigrant visa applications solely because of an applicant’s nationality.
The court said a blanket suspension of immigrant visa issuance based on nationality conflicted with the framework established under the Immigration and Nationality Act. The judge said the policy effectively bypassed the statutory process for reviewing immigrant visa applications and expanded the secretary of state’s authority beyond the limits set by law.
The court also ordered that visa denials based solely on the challenged policy be set aside and that affected cases be returned to consular officers for further review.
The ruling does not, however, mean that applicants will automatically receive visas. Each case must still be assessed under other applicable legal requirements.
Challenge brought by immigrants and U.S. citizens
The ruling followed a lawsuit brought by immigrant rights organizations, immigrant visa applicants and U.S. citizens seeking to bring family members to the United States.
The plaintiffs argued that the government could not suspend immigrant visa issuance for nationals of dozens of countries solely on the basis of nationality without following the procedures required under U.S. law.
The court agreed that the policy exceeded the State Department’s statutory authority and conflicted with provisions of the Immigration and Nationality Act.
Significance for Afghans
The decision could have particular significance for Afghan nationals whose immigrant visa cases were halted because Afghanistan was included on the list of 75 countries.
It does not, however, remove all immigration restrictions affecting Afghan nationals. Afghanistan remains subject to other U.S. immigration and entry policies, and Afghan applicants must continue to meet any separate requirements or restrictions applicable to their visa category or entry into the United States.
Cases that were denied or suspended solely because of the 75-country policy should return to the consular process for reconsideration under the court’s ruling. Applicants may nevertheless remain ineligible for visas because of other legal, security or immigration-related restrictions.
Uncertainty over Trump administration’s response
The suspension was part of a broader effort by President Donald Trump’s administration to tighten immigration controls and increase scrutiny of visa applicants.
The administration had said the policy was aimed at reviewing applicants’ circumstances and identifying people who it believed could become dependent on government services and benefits.
But Vargas ruled that concerns over applicants’ economic circumstances or their potential use of public assistance could not provide a legal basis for a blanket suspension of immigrant visa issuance based on nationality.
The State Department is now expected to reconsider cases affected by the policy.
It was not immediately clear whether the Trump administration would appeal the ruling. The State Department had not publicly announced a specific response to the decision at the time of the initial reports on the ruling.
The decision comes as the Trump administration pursues a broader set of restrictive immigration policies affecting migrants and nationals of countries including Afghanistan, many of which have drawn criticism from refugee and immigrant rights groups.
