Judicial brake on Trump's decision affecting 75 countries

A federal court in the U.S. state of New York has struck down the Donald Trump administration's policy of suspending immigrant visa processing for citizens of 75 countries.

U.S. District Judge Jeannette Vargas ruled that the practice, which halted applications from countries including Afghanistan, Iran, Russia, and Somalia, was "contrary to law." The ruling stated that Secretary of State Marco Rubio's policy, which mandated the denial of visas to otherwise eligible applicants, lacked a legal basis and exceeded the scope of his authority.

Emphasizing that the policy in question violated the Immigration and Nationality Act, Vargas recalled that the authority to evaluate visa applications was granted by Congress to consular officers. The decision noted that these officers have the discretion to assess the eligibility of applicants based on specific criteria set forth in the law.

Judge Vargas stated, "This policy, which categorically prohibits the issuance of immigrant visas based on the applicant's nationality, represents a direct violation of this statutory scheme."

The U.S. Department of State had instructed consulates to halt immigrant visa applications from 75 countries as part of a broader order that took effect in November, which tightened rules regarding potential immigrants who could become a "public charge."

The Department cited data from the Council of Economic Advisers as the basis for the decision, reporting that more than 30 percent of households containing immigrants from these countries received some form of public assistance.

News Source: 12punto