Federal Court Blocks 75-Country Immigrant Visa Ban

A federal judge in New York has struck down the federal government’s policy that suspended immigrant visa processing for nationals of 75 countries. The court found that the State Department exceeded its legal authority by imposing a blanket restriction based on nationality and ruled that immigrant visa applications must be reviewed on an individual basis.

What Was the Policy?

Implemented in January 2026, the policy directed U.S. consulates to stop issuing immigrant visas, including many family-based and employment-based immigrant visas, to nationals of 75 designated countries. The government stated that the policy was intended to address concerns that applicants from those countries were more likely to become dependent on public benefits.

What Did the Court Decide?

The court held that U.S. immigration law does not allow the State Department to deny immigrant visas solely on the basis of nationality. Instead, visa eligibility must be determined through an individualized review of each applicant’s circumstances. As a result, the court vacated the policy and ordered the government to stop relying on it when adjudicating immigrant visa applications.

What Does This Mean for Applicants?

For now, individuals from the affected countries should have their immigrant visa applications considered on a case-by-case basis rather than being denied under the 75-country restriction. The ruling may also allow for reconsideration of certain applications that were previously refused under the policy.

The court’s decision restores individual review of immigrant visa applications and rejects a nationwide nationality-based restriction on immigrant visa issuance. The Administration is expected to appeal the decision, meaning additional litigation is likely. However, until a higher court rules otherwise or issues a stay, the State Department’s 75-country immigrant visa suspension is no longer in effect.

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