(WASHINGTON) — A federal judge on Friday struck down the Trump administration’s policy suspending immigrant visa issuance for nationals of 75 countries, setting aside refusals based solely on the policy and requiring those cases to be reconsidered by consular officers under the normal immigration laws.
U.S. District Judge Jeannette A. Vargas said the policy, announced by the State Department in January, “is contrary to law and was issued in excess of Secretary Rubio’s statutory authority.”
The directive instructed U.S. embassies and consulates to suspend immigrant visa adjudications while the State Department reassessed its vetting procedures under existing immigration law.
The State Department said in January the pause was intended to “prevent the entry of foreign nationals who would take welfare and public benefits.”
Vargas said Friday the policy conflicts with federal immigration law, which gives consular officers “exclusive authority and discretion” to determine whether an immigrant is eligible for a visa.
“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,” Vargas wrote.
The judge’s order also vacates visa denials that were based solely on the policy.
“The suspension of lawful visa processing across 75 countries separated spouses, parents, and children who were simply following the legal immigration process,” said Anna Gallagher, executive director of the Catholic Legal Immigration Network Inc., the group that filed the lawsuit challenging the policy.
“Catholic social teaching calls us to uphold the dignity of every person and recognize the family as the foundation of society,” Gallagher added. “Today’s decision affirms both those values and the rule of law, allowing families to once again move forward toward reunification.”
The State Department did not immediately respond to ABC News’ request for comment, nor has it indicated it is going to appeal the decision.
“The Trump administration is bringing an end to the abuse of America’s immigration system by those who would extract wealth from the American people,” a State Department spokesman said in a statement when the policy was announced. “The State Department will use its long-standing authority to deem ineligible potential immigrants who would become a public charge on the United States and exploit the generosity of the American people.”
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