A United States federal judge has struck down a Trump administration policy that froze immigrant visa processing for applicants from 75 countries, including dozens in Africa, the Middle East, and the Caribbean, ruling the measure was illegal.
US District Judge Jeannette Vargas, sitting in Manhattan, delivered the ruling on Friday, August 22, 2026, describing the State Department's January policy as "patently unlawful." She found that it violated federal immigration law, which explicitly removes the Secretary of State's authority over the processing of immigrant visas by consular officers, according to Reuters.
Judge's Ruling and Legal Basis
"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 in her judgment. The lawsuit was filed by immigrant rights organisations Catholic Legal Immigration Network and African Communities Together, alongside individual applicants for immigrant visas and US citizens who were in the process of sponsoring family members from the affected countries.
Vargas was appointed by former Democratic President Joe Biden. President Donald Trump has pursued a broad immigration crackdown since returning to office, arguing the measures are necessary to strengthen domestic security.
African Countries Affected by the Ban
The State Department's suspension, which came into effect in January, affected applicants from a wide range of countries. In Africa and the Middle East, the ban covered numerous nations across both regions. The 26 African countries in the list are: Algeria, Cameroon, Cape Verde (Cabo Verde), Côte d’Ivoire, Democratic Republic of the Congo, Egypt, Eritrea, Ethiopia, The Gambia, Ghana, Guinea, Liberia, Libya, Morocco, Nigeria, Republic of the Congo, Rwanda, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Tanzania, Togo, Tunisia, and Uganda.
Latin American countries named included Brazil, Colombia, and Uruguay, while Balkan nations such as Bosnia and Albania were also affected. South Asian countries Pakistan and Bangladesh featured on the list too.
Rationale and Reactions
The State Department had argued that applicants from those nations were "at a high risk for becoming a public charge and recourse to local, state and federal government resources in the United States." The department did not respond to requests for comment on the ruling. Rights groups have consistently pushed back, saying the policies have infringed on free speech and due process rights and created a hostile climate, particularly for ethnic minorities who have raised concerns about racial profiling.
The State Department did not immediately comment on the court's decision. Earlier reports indicated that the State Department had paused immigrant visa processing for 75 countries in an effort to crack down on applicants deemed likely to become a public charge. As reported by Fox News, a State Department memo directs consular officers to refuse visas under existing law while the department reassesses screening and vetting procedures. The ruling now requires the administration to resume processing for affected applicants, though the government may appeal the decision.
