US District Judge Jeannette Vargas ordered the repeal of a policy suspending immigrant visa applications from 75 countries. Afghanistan, Iran, Russia and Somalia were among the countries covered by the policy.
The policy targeted immigrant visa applications from countries whose citizens were considered likely to require public assistance in the United States.
Vargas ruled that the policy exceeded the government's authority
Vargas said the policy requiring US Secretary of State Marco Rubio to deny visas to otherwise eligible applicants without a legal basis exceeded the government's authority. The judge concluded that the policy was incompatible with the Immigration and Nationality Act.
The ruling also stated that the policy violated Congress's provision giving consular officers primary authority in reviewing visa applications. Vargas noted that consular officers have exclusive authority to assess the specific criteria set out in the law and determine whether immigrants are eligible to receive visas.
The judge also said that categorically barring the issuance of immigrant visas based on applicants' nationality directly violated the relevant statutory provision.
State Department cited public assistance as justification
The US State Department had instructed consular officers to suspend immigrant visa applications from 75 countries under a broader order that took effect in November and tightened rules for prospective immigrants who could become a burden on public resources.
In a statement based on data from the Council of Economic Advisers, the department said that more than 30 percent of households with immigrants from these countries received some form of public assistance.
