Federal Judge Strikes Down 75-Country Visa Ban—EB & Family Sponsorship Resumed
A Manhattan federal judge ruled the Trump administration's January 2026 policy banning immigrant visas for 75 countries unlawful, clearing the way for thousands of employment and family-based green card applicants.
Judge Vargas Rules the 75-Country Visa Ban Unlawful
On August 21, 2026, U.S. District Judge Jeannette Vargas ruled that the policy violated federal immigration law and exceeded the State Department's authority. Judge Jeannette Vargas of Manhattan said in her ruling on Friday in the Southern District of New York that the policy was "patently unlawful" and conflicted with federal immigration law, which explicitly stripped the secretary of state of authority over consular officers' adjudication of immigrant visas.
The Trump administration's ban on visas for immigrants from 75 countries was struck down by a federal judge on Friday, who ruled it was "contrary to law" and outside the statutory authority of Secretary of State Marco Rubio. This victory comes as relief to thousands of applicants trapped in visa processing limbo.
What the Policy Was—and Why It Mattered
The policy, which took effect in January 2026, directed U.S. consulates to pause immigrant visa issuance for nationals of 75 countries identified by the State Department as presenting a higher risk of relying on public benefits. The 75 countries include Afghanistan, Iran, Russia and Somalia.
Although applicants could continue submitting documents and attending interviews, many could not actually receive their immigrant visas solely because of their nationality. The visa ban halted permanent-residence visas for people joining family members or taking jobs in the US, but did not apply to nonimmigrant visas such as tourist or student visas.
For employment-based (EB) green card holders and family-sponsored applicants, this freeze represented a critical bottleneck—visas were approved, but could not be issued due to a blanket nationality restriction, not individual assessment.
The Legal Problem: Nationality-Based Blanket Denial
The Immigration and Nationality Act of 1952 prohibits discrimination on the basis of nationality in the issuance of immigrant visas, Vargas said. However, the Trump administration's policy banned certain people from receiving immigrant visas "based solely on their nationality," the judge wrote.
Public charge remains a valid ground of inadmissibility, but it must generally be evaluated based on the individual applicant's circumstances—not simply the country listed on the applicant's passport. The administration's approach flipped this standard by rejecting applicants from the 75 countries outright, regardless of their personal financial stability or qualifications.
What Happens Now
The judge's ruling vacated the visa ban and also set aside visa denials that were based only on the policy. A federal judge struck down the Trump administration policy that blocked immigrant visa issuance for nationals of 75 countries, allowing the green card process to resume for thousands of family- and employment-based green card applicants.
This means consular officers can now resume processing and issuing visas to eligible applicants from those 75 countries. Employment-based applicants and family sponsors who had approved visas pending issuance should expect processing to restart, though any appeals or further legal challenges could still delay implementation.
Context: Part of a Broader Immigration Crackdown
According to the Center for Constitutional Rights, the freeze was one of several restrictions the administration has imposed in rapid succession, following a broader travel ban covering 39 countries that took effect January 1, and a pause on diversity visa issuance in late December. The ruling is the latest example of the courts upending Trump's immigration agenda. In June, a federal judge struck down a Trump administration policy that made it harder for immigrants from dozens of countries to enter and stay in America — affecting elements like asylum, work permits, green cards, and citizenship applications.
For visa sponsors and job seekers monitoring USCIS timelines, this ruling signals that nationality-based blanket restrictions face significant legal jeopardy. Individual-level assessment of public charge risk remains lawful, but sweeping country-level bans do not.