Federal Judge Strikes Down Trump’s 75-Country Visa Ban
This January, Secretary of State Marco Rubio directed consular officers to refuse to process immigration visas for people from 75 countries because, he said, those immigrants would be more likely than others to “extract wealth” or “take welfare and public benefits” from the US. Since January, people from those 75 countries—all located in Africa, Latin America, […]
On January 8, Secretary of State Marc Rubio instructed consular officers to halt processing of immigration visas from 75 countries, asserting that individuals from those nations were more likely to "extract wealth" or "take welfare and public benefits" from the US. Consequently, applicants from these 75 countries, predominantly situated in Africa, Latin America, the Middle East, and Eastern Europe, faced frozen or denied visa applications.
However, on August 21, a federal judge in New York overturned this blanket visa ban, citing its violation of the Immigration and Nationality Act of 1965's prohibition on nationality-based discrimination in visa issuance. As Julia Métraux previously reported, these "public charge" bans have their roots in eugenicist ideologies, a concept first introduced in the 19th century where the United States utilized "public charge" rules to restrict entry, alleging that immigrants and visitors would impose a burden on public services.
This reasoning, deeply entrenched in the eugenicist and ableist thinking that influenced significant policies during the 19th and early 20th centuries, re-emerged under President Trump, particularly during his second term. Judge Jeannette Vargas' August 21 ruling in CLINIC v. Rubio nullified the visa denials that were solely based on the "public charge" visa ban.
The judge declared that the policy was "contrary to law and issued beyond Secretary Rubio's statutory authority," adding that it "effectively bans the issuance of immigrant visas to nationals of nearly 40% of the world's countries." The government may still appeal the decision. The nonprofit organizations and private law firms involved in the lawsuit commended Vargas' ruling.
Baher Azmy, Legal Director of The Center for Constitutional Rights, expressed pride in supporting communities that would not surrender to the administration's racist strategies aimed at disrupting families.
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