Court Rules State Department Policy Exceeded Secretary Marco Rubio’s Authority
A US federal judge has struck down a Trump administration policy that suspended the issuance of immigrant visas to nationals of 75 countries, including Pakistan.
US District Judge Jeannette Vargas issued the ruling in Manhattan on Friday, August 21, declaring that the State Department policy exceeded Secretary of State Marco Rubio’s legal authority.
The policy had been in effect since January 21, 2026.
It paused immigrant visa issuance for nationals of dozens of countries across South Asia, Africa, Latin America, the Middle East, the Balkans and the Caribbean. Pakistan and Bangladesh were among the South Asian countries included.
Judge Vargas described the nationality-based suspension as “patently unlawful.”
She ruled that federal immigration law does not give the secretary of state authority to impose this kind of blanket restriction on how consular officers decide immigrant visa cases.
The judge said the policy effectively prohibited immigrant visa issuance based on an applicant’s nationality rather than requiring individual assessment under the immigration system established by Congress.
The decision represents an important development for Pakistani applicants whose immigrant visa cases had been affected by the suspension.
However, the ruling concerns the 75-country immigrant visa policy. It should not be interpreted as eliminating every separate US entry or visa restriction imposed under other presidential proclamations or immigration rules.
Why Were Pakistan and 74 Other Countries Targeted?
The State Department announced the suspension earlier this year as part of the Trump administration’s wider immigration crackdown.
Officials argued that nationals of the affected countries presented a higher risk of becoming dependent on public assistance after entering the United States.
The State Department said it was reviewing screening and vetting policies to ensure immigrants were financially self-sufficient and would not become a public charge.
The list covered countries including Pakistan, Bangladesh, Brazil, Colombia, Albania, Bosnia and Herzegovina, Egypt, Iraq, Jordan, Nigeria, Russia and several others.
The suspension applied specifically to immigrant visa issuance, which generally covers people seeking permanent residence in the United States through family, employment or other qualifying immigration categories.
Under the policy, applicants could continue certain stages of the visa process, but immigrant visas were not being issued to nationals of the listed countries unless an applicable exception was available.
The administration argued that tougher immigration controls were necessary to protect US resources and strengthen national security.
President Donald Trump has pursued a broader effort to tighten immigration enforcement since returning to office.
His administration has introduced stronger screening requirements and restrictions across several areas of the immigration system.
The State Department has also recently introduced a public-charge bond pilot programme. It allows consular officers in certain cases to require immigrant visa applicants to obtain a financial bond when seeking to overcome public-charge concerns.
Immigrant Groups Challenged Blanket Nationality-Based Ban
The court ruling followed a lawsuit brought by immigrant rights organisations, affected visa applicants and US citizens seeking to sponsor relatives from the countries covered by the suspension.
The plaintiffs included the Catholic Legal Immigration Network and African Communities Together.
They challenged the legality of a policy that prevented immigrant visas from being issued to people primarily because of their nationality.
Judge Vargas agreed that the State Department had gone beyond the authority granted under federal immigration law.
Her ruling found that decisions involving individual immigrant visa applications remain governed by the statutory framework established by Congress and handled by consular officers.
The judgment could now allow affected immigrant visa cases, including applications involving Pakistani nationals, to move forward without the blanket 75-country suspension.
However, applicants will still have to satisfy all normal US immigration requirements.
This includes eligibility under the relevant visa category, medical and security screening, financial requirements and any public-charge assessment that legally applies to their individual case.
The ruling therefore does not automatically grant visas to Pakistani applicants or guarantee approval.
It removes the specific nationality-based suspension challenged in the lawsuit.
The US government could also seek further legal review or appeal the decision.
As of the latest Reuters report, the State Department had not publicly commented on the ruling.
The case is another major legal challenge to the Trump administration’s immigration policies and could have significant consequences for thousands of families and applicants who had been unable to receive immigrant visas under the January suspension.
For Pakistani applicants, the decision removes a major policy barrier, although individual applications will still remain subject to regular US immigration law and consular review.
