US judge restores immigrant visa processing for Pakistan, strikes down Trump policy
The court found the policy that had suspended visas for applicants from 75 countries exceeded the legal authority of the US Secretary of State. US District Judge Jeannette Vargas in Manhattan described the State Department’s policy as “patently unlawful”. She said it conflicted with federal immigration law governing the processing of immigrant visas.
Court challenges visa suspension
The policy was announced by the US State Department in January and affected applicants from Pakistan and 74 other countries. It covered nations across South Asia, Latin America, Africa, the Middle East, the Caribbean and the Balkans.
The department had said applicants from the affected countries were “at a high risk for becoming a public charge and recourse to local, state and federal government resources in the United States”. The policy had therefore prevented the issuance of immigrant visas based on the applicant’s nationality.
Judge questions State Department authority
Judge Vargas ruled that the policy went beyond Secretary of State Marco Rubio’s statutory authority. She said the law did not give the secretary the power to impose such a broad restriction on consular officers handling immigrant visas.
“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,” she wrote. The ruling came in a lawsuit brought by immigrant rights organisations, visa applicants and US citizens sponsoring family members.
What the ruling means for Pakistan
The case was filed by the Catholic Legal Immigration Network and African Communities Together, along with affected applicants and US citizens. The legal challenge argued against the suspension affecting people seeking immigrant visas from the designated countries.
Judge Vargas was appointed by former Democratic President Joe Biden. The State Department had not immediately commented on the ruling when the report was published.
Broader immigration debate continues
US President Donald Trump has continued a strict immigration policy that his administration says is intended to improve domestic security. Rights groups have criticised the broader crackdown, arguing that it has affected due process and free speech rights.
The groups have also raised concerns about racial profiling and the treatment of ethnic minorities. The latest ruling could therefore become another important development in the continuing legal battle over US immigration policies.
The ruling is significant for Pakistani applicants who were affected by the immigrant visa suspension. It challenges the use of nationality as a broad basis for stopping immigrant visa processing.
However, the wider US immigration policy remains subject to further legal and administrative action. Applicants should follow official US immigration updates for details about how processing will resume.
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