BANGKOK, Thailand – A US federal judge in Manhattan has struck down a Trump administration policy that suspended immigrant visa issuance for applicants from 75 countries, ruling that the measure exceeded the authority of Secretary of State Marco Rubio and violated federal immigration law.
The ruling, issued Friday, August 21, said the policy was unlawful because it effectively barred immigrant visa applicants based solely on their nationality rather than allowing consular officers to assess each applicant individually.
The policy, introduced by the US State Department in January and implemented in March, affected applicants from countries across Latin America, the Balkans, South Asia, Africa, the Middle East and the Caribbean. Thailand was among the countries reportedly included on the list, along with Brazil, Colombia, Uruguay, Pakistan, Bangladesh, Somalia, Russia, Afghanistan, Iran, Iraq, Egypt, Nigeria and Yemen.
Manhattan federal district judge Jeanette Vargas said US immigration law requires consular officials to determine whether an applicant is likely to become a public charge by considering individual circumstances, including financial resources, age, health, skills and family status.
The court found that the administration’s policy instead imposed a blanket suspension based on the applicant’s country of origin. Vargas said this amounted to a direct removal of a process established by federal law.
The judge also ruled that the policy conflicted with the Immigration and Nationality Act of 1965, which prohibits nationality-based discrimination in the issuance of immigrant visas. She further found that the policy improperly interfered with the authority of consular officers to make individual visa decisions.
The State Department had defended the measure by arguing that applicants from the affected countries posed a higher risk of becoming dependent on US government resources at the federal, state and local levels. The department had not immediately commented on the court’s ruling.
The decision represents another legal setback for President Donald Trump’s administration, which has pursued a tougher immigration agenda in the name of strengthening US national security.
Human rights groups have criticized several elements of the administration’s immigration policies, arguing that they can undermine due process and disproportionately affect racial and ethnic minorities.
For Thai applicants, the ruling could be significant because Thailand was among the countries reported to have been covered by the visa suspension policy. However, the practical impact will depend on how the State Department responds to the court order and whether the administration appeals the decision.
