I was sipping my coffee and reading about the latest news from the Trump administration when I stumbled upon this article. It seems that a federal judge has struck down the administration’s ban on visas for immigrants from 75 countries, citing that it was “contrary to law” and outside the statutory authority of Secretary of State Marco Rubio. I almost spilled my coffee when I read that the ban was meant to prevent people from taking welfare and public benefits, but it looks like the judge didn’t buy that argument.
The State Department had paused the issuance of immigrant visas from almost 40% of the world’s nations, including Brazil, Colombia, Egypt, Haiti, Somalia, and Russia, in a move that was supposed to prevent the entry of people who would take welfare and public benefits. But Judge Jeannette Vargas of the Federal District Court in Manhattan took issue with the State Department’s rationale for the policy, reversing any visa denial based solely on it.
It’s interesting to note that the visa ban halted permanent-residence visas for people joining family members or taking jobs in the US, but did not apply to nonimmigrant visas such as tourist or student visas. I’m not sure what’s more surprising, the fact that the administration thought they could get away with this or that they actually tried to implement it.
The judge found that, in practice, US officers were ordered to reject visas for applicants, even those who could support themselves, solely based on the country they came from. A cable sent by Rubio to every diplomatic and consular post directed officers to refuse applicants even when someone “provides additional evidence that demonstrates he or she overcomes the public charge refusal.” The policy, according to the judge, ran afoul of a 1965 law barring discrimination by nationality in granting visas.
Most of the 75 countries affected by the ban are non-European, spanning the Caribbean, sub-Saharan Africa, the Balkans, the Middle East, Central Asia, and Southeast Asia. The State Department drew its list from Council of Economic Advisers data, targeting nations where more than 30 percent of immigrant households received some form of public assistance.
Among the plaintiffs were six US citizens who filed family-based petitions and said the ban blocked relatives in Ghana, Jamaica, Guatemala, and Ethiopia from obtaining visas. Five Colombians who had applied through job-based visas, one of whom received a denial notice that cited the policy, were also part of the case.
The administration did win on one narrower point, with the judge agreeing the policy was not the kind of formal rule that must be opened to public comment before being implemented. But overall, it looks like the judge wasn’t having it.
In arguing their case, the administration’s legal team leaned on a 2018 Supreme Court decision upholding the third version of Trump’s first-term travel ban. But the judge said that case turned on the president’s power to decide who may enter the country, whereas the visa ban case rested on a different question: whether a visa may be issued at all.
The judge has given both sides until September 11 to propose how to resolve what remains of the case. The administration can appeal the ruling, and I’m sure they will. CNN has reached out to the Justice Department and the White House for comment, but so far, no word.
In conclusion, it seems like the Trump administration’s attempt to ban visas for immigrants from 75 countries has been struck down, and I’m not surprised. The policy seemed like a long shot from the start, and it’s no wonder the judge didn’t buy the administration’s arguments. As I finish my coffee, I have to wonder what’s next for this administration and their immigration policies. One thing’s for sure, it’ll be interesting to watch. And who knows, maybe someday they’ll learn to make a policy that doesn’t get struck down in court – but I wouldn’t hold my breath if I were you.
Armchair patriot. Believes in the free market, cold beer, and that there’s always a guy named George behind every CNN segment.
Former remote-throwing champion turned #1 couch commentator on liberal panic in the media. Born in Texas (or so his mug says), he earned a degree in Fake Newsology & Beer Philosophy from YouTube University.
