A US federal judge has struck down President Donald Trump’s visa restrictions affecting nationals of 75 countries, including Nigeria, seven months after the policy took effect.
Jeannette Vargas, the presiding judge in New York, ruled on Friday that the policy was “contrary to law”, finding that US Secretary of State Marco Rubio had exceeded his statutory authority in implementing it.
The US Department of State had directed consular officers in January to pause visa processing for nationals of the affected countries while the government carried out a broader review of screening and vetting procedures.
The policy was linked to the “public charge” provision of US immigration law, which allows authorities to deny visas to applicants considered likely to depend on public benefits.
Countries affected included Nigeria, Ghana, Cape Verde, Barbados, Afghanistan, Brazil, Egypt, Iran, Iraq, Somalia, Thailand and Yemen.
At the time, the State Department said the measure was intended “to ensure that immigrants from high-risk countries do not unlawfully utilize welfare in the United States or become a public charge”.
However, Vargas ruled that consular officers had been improperly directed to refuse immigrant visas solely because of an applicant’s country of origin, even where the applicant had otherwise met the requirements for a visa.
The US government can appeal the ruling.
The decision comes amid Trump’s broader immigration crackdown, which his administration has defended as necessary to strengthen security and tighten controls over immigration.
