A United States federal judge has overturned President Donald Trump’s immigrant visa restrictions affecting nationals of 75 countries, including Nigeria, about seven months after the policy was introduced.
In a ruling issued on Friday in New York, Judge Jeannette Vargas described the policy as “contrary to law”, ruling that US Secretary of State Marco Rubio had exceeded his “statutory authority” by implementing the measure.
The US Department of State had instructed consular officers in January to suspend immigrant visa processing for nationals of the affected countries while the government carried out a wider review of its screening and vetting procedures.
The policy was connected to the “public charge” provision in US immigration law, which permits authorities to deny visas to applicants considered likely to become dependent on public benefits.
Countries affected by the measure included Nigeria, Ghana, Cape Verde, Barbados, Afghanistan, Brazil, Egypt, Iran, Iraq, Somalia, Thailand and Yemen.
At the time, the State Department said the measure was introduced “to ensure that immigrants from high-risk countries do not unlawfully utilize welfare in the United States or become a public charge”.
However, Vargas ruled that consular officers had been improperly directed to reject immigrant visa applications based solely on applicants’ countries of origin, even where the applicants had otherwise satisfied the requirements.
The ruling represents a setback for the Trump administration’s immigration policy, although the US government can still appeal the decision.
Since returning to office, Trump has pursued a tougher immigration agenda, which his administration says is aimed at strengthening security within the United States.