US judge strikes down govt's 75-country visa ban

NEW YORK — A US federal judge has struck down a government ban on visas to nationals from 75 countries who wish to settle in the country indefinitely, dealing a blow to US President Donald Trump's immigration crackdown.

In a ruling issued Friday in the Southern District of New York, US District Judge Jeannette Vargas called the policy "contrary to law" and said Secretary of State Marco Rubio had exceeded his "statutory authority" in issuing it.

The policy, which took effect in January, suspended the processing of immigrant visas for nationals of 75 countries, including Afghanistan, Brazil, Egypt, Iran, Iraq, Nigeria, Somalia, Thailand and Yemen.

At the time, the US State Department said the decision was made "to ensure that immigrants from high-risk countries do not unlawfully utilize welfare in the United States or become a public charge".

Relying on Council of Economic Advisers data, the department said more than 30 percent of households with immigrants from the affected countries received some form of public assistance.

But Vargas ruled that the policy "runs afoul" of the Immigration and Nationality Act by mandating "the refusal of visas to eligible applicants without any basis in law".

She said consular officers were wrongly ordered to refuse immigrant visas solely on the basis of an applicant's country of origin, even if they had determined the applicant was otherwise eligible.

"Congress imbued these officers with exclusive authority and discretion to determine if an immigrant is eligible for a visa based upon review of specific and detailed criteria set forth in the statute," Vargas wrote.

Friday's ruling vacates any visa denial that was based solely on the policy. The government can appeal the ruling.

The policy was challenged by two nonprofit organizations along with 11 individuals, including six whose family members had been refused visas. The remaining five are outside the country and had filed "employment-based petitions" to come to the United States.

"We welcome this ruling because, at its heart, this case is about keeping families together," said Anna Gallagher, executive director of Catholic Legal Immigration Network, one of the plaintiffs.

Another plaintiff, African Communities Together, a Harlem-based nonprofit, called the ruling "a tremendous victory for the rule of law".

'Immeasurable harm'

Diana Konate, its deputy executive director for policy and advocacy, said the ban had caused "immeasurable harm" by keeping families and loved ones apart.

The ruling is the latest example of the courts upending Trump's immigration agenda. In June, a federal judge struck down a Trump administration policy that made it harder for immigrants from dozens of countries to enter and stay in the United States, affecting asylum, work permits, green cards and citizenship applications.

That judge said the policy had thrown countless immigrants' lives "into indeterminate legal limbo" and accused the US Citizenship and Immigration Services of ignoring the law.

Trump has taken a number of actions since returning to the White House aimed at speeding up deportations and reducing border crossings.

The US State Department said Saturday that the administration was "protecting the American people by upholding the highest standards of screening and vetting of visa applicants", and that it would not comment on pending litigation.

AGENCIES VIA XINHUA