Judge strikes down Trump visa policy that denied entry based on nationality

A New York judge has struck down a policy that allowed immigrant visas to be denied solely on the basis of the applicant's nationality, determining it violated the law.

By El Medio Oriente
September 5, 2026
A hand holding an open U.S. passport showing the visa page with a photo visible.
A person holds an open U.S. passport showing the visa page. A New York judge has struck down a Trump administration policy that allowed visas to be denied solely based on the applicant's nationality. (Expansión (MX))
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Jeannette Vargas, a judge at a New York court, ruled that the policy was "contrary to law" and exceeded the "legal authority" of Secretary of State Marco Rubio. The ruling, issued on Friday, voids any visa denials based solely on this measure.

The measure had been in effect since January 21 and suspended the processing of immigrant visas, unlike non-immigrant visas which allow temporary entry. It affected applications from citizens of Brazil, Somalia, Russia, Afghanistan, Iran, Iraq, Egypt, Nigeria, Thailand and Yemen, among others.

The State Department had justified the decision by arguing that immigrants from these countries represented "a high risk of becoming dependent on social assistance or becoming a burden on public finances". However, Vargas determined that consular officials had been improperly instructed to deny visas based on country of origin, even when the applicant met all other requirements.

Donald Trump's government can appeal the court decision. Several landmark measures by the president have been struck down by courts so far in his second term, including a fee for work visas and a decree that eliminated citizenship by birthright.

Judge strikes down Trump visa policy denying entry by nationality | El Medio Oriente