A US federal judge has struck down a Trump administration policy that suspended the issuance of immigrant visas to nationals of 75 countries, including Morocco, ruling that it exceeded Secretary of State Marco Rubio’s legal authority.
US District Judge Jeannette Vargas issued the decision Friday in Manhattan, describing the nationality-based policy as “patently unlawful” and contrary to the Immigration and Nationality Act.
The State Department introduced the suspension in January and implemented it on January 21. Officials said nationals of the designated countries presented a high risk of becoming dependent on US public benefits.
The measure did not stop applicants from submitting paperwork or attending consular interviews. It instead prevented consular officers from issuing immigrant visas to most nationals of the affected countries, including applicants otherwise found eligible.
Tourist, business and other nonimmigrant visas were not covered. Dual nationals applying with a valid passport from a country outside the list were also exempt.
Vargas ruled that federal law requires individual assessments and prohibits discrimination based on nationality in immigrant visa issuance. She said Rubio could not override the authority Congress assigned to consular officers to grant or refuse visas.
The court vacated the policy under the Administrative Procedure Act and also set aside refusals based exclusively on the 75-country suspension.
The case was brought by the Catholic Legal Immigration Network, African Communities Together, affected visa applicants and US citizens sponsoring relatives abroad.
For Moroccan applicants, the ruling removes the blanket nationality-based barrier but does not guarantee approval. Consular officers must still assess each application against financial, security and other legal requirements.
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