No discrimination based on national origin
Jon Queally for Common Dreams
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| Federal Judge Jeannette Vargas has struck down the Trump administration's suspension of immigrant visas for nationals of 75 countries, ruling the State Department policy violates federal immigration law and exceeds Secretary Marco Rubio's authority. Judge Vargas ruled federal law expressly prohibits nationality discrimination in issuing immigrant visas. |
A federal judge in New York has ruled that Donald Trump and the US State Department overstepped their authority when they suspended the processing of visa applications for people from 75 nations earlier this year, a move that critics at the time called a “travesty,” cruel, and counter to the rule of law.
US District Judge Jeannette Vargas, a Biden appointee, ruled
Friday that the pause in visa applications—which Trump and Secretary of
State Marco Rubio claimed
was necessary to prevent immigrant visitors from freeloading on US taxpayer
dollars—was “contrary to law and in excess of statutory authority.”
Diana Konate, deputy executive director for policy and advocacy at African Communities Together, which took part in the legal challenge, said the ruling was a “tremendous victory for the rule of law.”
“This unlawful and racist ban caused immeasurable harm,
cruelly keeping families and loved ones apart,” Konate said. “Today, we are
elated to tell our community members: this ban is no more.”
Vargas determined that the policy first announced by Rubio
in January “runs afoul” of the Immigration and
Nationality Act by mandating “the refusal of visas to eligible applicants
without any basis in law.”
According to the Associated Press:
Vargas said the policy also undermines the congressional
requirement that puts consular officers at the forefront of any visa decision.
“Congress imbued these officers with exclusive authority and discretion to
determine if an immigrant is eligible for a visa based upon review of specific
and detailed criteria set forth in the statute,” she wrote. “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 policy was challenged by two nonprofit organizations along with 11
individuals, including six whose family members had been refused visas. The
remaining five are outside the country and had filed “employment-based
petitions” to come to the United States.
The Catholic Legal Immigration Network, Inc. (CLINIC), one of the other nonprofits behind the suit which led to the ruling, welcomed the decision in a statement on Saturday, calling it “an important victory for families who faced prolonged uncertainty and separation because of a policy that treated applicants differently based on their country of origin rather than their individual circumstances.”
“At its heart,” said Anna Gallagher, CLINIC’s executive
director, “this case is about keeping families together.”
“The suspension of lawful visa issuance across 75 countries
separated spouses, parents and children who were
simply following the legal immigration process,” Gallagher said. “Catholic
social teaching calls us to uphold the dignity of every person and recognize
the family as the foundation of society. Today’s decision affirms both those
values and the rule of law, allowing families to once again move forward toward
reunification.”
