Immigrant rights groups, legal advocates and U.S. citizens have filed a federal lawsuit challenging the Trump administration’s decision to pause immigrant visa processing for nationals of 75 countries worldwide.
The lawsuit, filed Monday in the U.S. District Court for the Southern District of New York, names Secretary of State Marco Rubio and the U.S. Department of State as defendants.
Challenge to State Department Policy
Plaintiffs argue the policy unlawfully rewrites U.S. immigration law and amounts to a discriminatory, nationality-based ban. They say it replaces the individualized, case-by-case visa adjudication required under federal law with a sweeping categorical restriction.
The State Department policy took effect Jan. 21 and indefinitely pauses immigrant visa issuance—though not nonimmigrant visas, such as tourist visas—for applicants from the listed countries.
Administration’s Justification
The Trump administration has said the pause is intended to prevent applicants likely to become “public charges,” or dependent on government assistance, while agencies reassess screening and vetting procedures.
The lawsuit counters that claim, calling it unsupported and false, and argues the policy relies on a discredited narrative that immigrants from the affected countries migrate to improperly rely on public benefits.
Scope and Impact of the Ban
According to the complaint, the freeze affects an estimated 40% to 45% of immigrant visa applicants worldwide. It applies even to individuals whose visas were already approved or authorized for printing and includes no end date, review criteria or exemption process.
Countries impacted span Latin America, Africa, the Middle East, the Caribbean, South Asia and parts of the Balkans.
Families Caught in Limbo
Plaintiffs include nonprofit organizations and U.S. citizens petitioning for family members. One case involves a New York grandmother whose approved petitions for her children and grandchildren from Ghana were halted. Another involves a Long Island man whose wife and infant are stranded in Guatemala after a scheduled visa interview.
Expanded ‘Public Charge’ Definition Challenged
The lawsuit also challenges a related State Department directive expanding the definition of “public charge” to include noncash benefits, private charity use and speculative future factors such as health or English proficiency.
Plaintiffs argue the expansion contradicts decades of immigration law and congressional intent.
What the Plaintiffs Are Seeking
The groups are asking the court to declare the policies unlawful, block their enforcement nationwide and restore individualized immigrant visa processing.
Democracy Forward, one of the organizations bringing the case, said the administration is using bureaucracy to mask a discriminatory policy that separates families and excludes workers the U.S. economy relies on.
Administration Response
State Department spokesperson Tommy Pigott defended the policy, stating that visas are a privilege, not a right, and that applicants must demonstrate financial self-sufficiency. He said the pause is necessary to protect public benefits and strengthen screening procedures, emphasizing that the administration prioritizes American citizens first.
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