A federal judge in New York on Friday struck down the Trump administration's decision to suspend visa processing for citizens of 75 countries, including Colombia, Uruguay and Cuba. Judge Jeannette Vargas of the Southern District of New York determined that Secretary of State Marco Rubio exceeded his legal authority in implementing the measure.
Earlier this year, the U.S. government argued that the policy sought to end "abuse" of the system "by those seeking to obtain economic benefits at the expense of the American people", referring to the use of welfare programmes and public benefits. The list of affected countries included several from Latin America, among them Brazil, Guatemala, Haiti, Nicaragua and Somalia, Russia, Afghanistan, Iran and Iraq, among others.
Vargas determined that the measure is "manifestly illegal", contrary to federal immigration law and exceeds the authority of the Secretary of State. According to Reuters, the judge wrote that the policy "constitutes a direct violation" of the legal framework by categorically prohibiting the issuance of visas based on the applicant's nationality.
The judge also held that the measure undermines the role Congress assigned to consular officials as the primary authority for authorising visas. Vargas stated that "Congress granted these officials exclusive authority and discretion to determine whether an immigrant meets the requirements to obtain a visa, after assessing the specific and detailed criteria established by law".
The decision constitutes the latest setback for Trump's immigration agenda, which has imposed increasingly broad restrictions on people from Latin American countries and other regions.
