Federal court strikes down 75-country immigrant visa ban
- Federal judge strikes down policy suspending visas for 75 countries
- Ruling vacates policy nationwide as patently unlawful under INA
- Visa refusals based solely on nationality are set aside for review
- Government may appeal the decision issued on August 21, 2026

*this image is generated using AI for illustrative purposes only.
A federal judge in New York struck down the US Department of State policy that suspended immigrant visa issuance for nationals of 75 countries, calling it "patently unlawful" and vacating it nationwide.
U.S. District Judge Jeannette A. Vargas of the Southern District of New York issued the opinion on August 21, 2026. The court held that the policy discriminated on the basis of nationality in violation of the Immigration and Nationality Act (INA). It also found that the policy forced consular officers to refuse applicants they had already determined were eligible and exceeded the statutory authority of Secretary of State Marco Rubio.
Ruling Details and Impact
The court went beyond declaring the policy unlawful by vacating it outright. It set aside every immigrant visa refusal that rested solely on the policy, unfreezing them for lawful adjudication.
Applicants refused under INA § 221(g) solely because of the policy now have those refusals set aside. Their applications are remanded for further processing. The ruling does not guarantee any individual approval but restores the individualized review required by law. The government may appeal the decision.
What the Numbers Show
The scope of the policy affected nationals from 75 countries. The ruling specifically targets visa refusals based solely on this categorical suspension, distinguishing them from cases with other grounds for denial. This creates a clear bifurcation in processing: cases blocked only by nationality are reopened, while others remain subject to standard adjudication.
Legal Representation and Plaintiffs
Colombo & Hurd, PL served as co-counsel for the plaintiffs, with its federal litigation practice led by partner Sarah Wilson. The firm brought the case alongside the National Immigration Law Center, Democracy Forward, The Legal Aid Society, the Western Center on Law & Poverty, and the Center for Constitutional Rights.
The plaintiffs included the Catholic Legal Immigration Network, Inc., African Communities Together, and individual applicants. Among them was Dr. Fernando Lizcano Losada, a Colombian endocrinologist preparing to continue cancer research at Harvard Medical School. He was refused a visa on the government's theory that he was likely to become a public charge.
Carlos Colombo, Co-Founder of Colombo & Hurd, noted that the government cited his passport rather than his case merits as the basis for refusal. Sarah Wilson stated that the decision affirms that sweeping suspensions are not permitted by law and offers meaningful relief to those affected.
The case is Catholic Legal Immigration Network, Inc. v. Rubio, No. 1:26-cv-00858 (S.D.N.Y.).
How might the Department of State's potential appeal strategy impact the timeline for reopening the thousands of frozen visa applications?
What are the projected economic implications for U.S. institutions like Harvard Medical School that rely on international talent from the affected 75 countries?
Could this ruling set a legal precedent that challenges other broad administrative suspensions or categorical bans currently in effect?

























