US Secretary of State Marco Rubio accompanies US President Donald Trump during a press conference following the annual NATO Summit at Presidential Complex in Ankara, Turkey on July 8, 2026. (Photo by Altan Gocher / Hans Lucas / AFP via Getty Images)
A federal judge ruled Secretary of State Marco Rubio exceeded his statutory authority by suspending the processing of visas from 75 countries whose residents the Trump administration believes are likely to seek public assistance after their arrival.
Big picture view:
U.S. District Judge Jeannette Vargas found the administration’s order violated the Immigration and Nationality Act by denying eligible applicants visas for reasons that are not based on the law.
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She added that it also undermines Congress’ requirement that consular offices are at the forefront of visa decisions and said their officers have "exclusive authority and discretion" to determine if an applicant is eligible.
What they're saying:
"The Policy, which categorically prohibits the issuance of immigrant visas based upon the nationality of the applicant, represents a direct abrogation of this statutory scheme," Vargas wrote.
The backstory:
In January, the State Department announced the pause on visa processing for 75 countries, primarily ones from Africa, Asia, and Latin America, stating the goal was to deter applicants who may seek public assistance after their arrival. Afghanistan, Brazil, Egypt, Russia, and Thailand were among the nations included in the order.
All embassies and consulates were directed in a separate notice to fully vet and screen non-immigrant visa applicants to have them prove they will not apply for public benefits while in the U.S. Additionally, an officer who suspects an applicant may apply should have them prove their financial bona fides.
Why you should care:
Opponents of the order celebrated Vargas’ ruling as a victory for the rule of law. Anna Gallagher, the executive director of CLINIC–a nonprofit that supports immigration legal service providers and was a plaintiff in the case–said the lawsuit was about keeping families together.
Gallagher’s organization and another nonprofit, African Communities Together, filed the challenge alongside 11 individuals, six of whom had family members denied visas. The other five people had filed "employment-based petitions."
The Source: Information for this article was taken from The Associated Press and Fox News. This story was reported from Orlando.