A US federal judge has struck down the Trump administration’s suspension of immigrant visa processing for nationals of 75 countries, ruling that Secretary of State Marco Rubio exceeded his statutory authority.
US District Judge Jeannette Vargas of the Southern District of New York described the policy as “patently unlawful” in a ruling issued on Friday, August 21, 2026. She held that the nationality-based suspension conflicted with federal immigration law, which gives consular officers authority to determine individual eligibility for immigrant visas.
The policy, introduced by the State Department in January, indefinitely paused the issuance of immigrant visas to applicants from 75 countries. The affected nations included countries in Africa, Asia, Latin America, the Caribbean and the Balkans. Nigeria was among the countries covered by the suspension.
The Trump administration had justified the measure on the grounds that applicants from the affected countries were considered to be at higher risk of becoming a “public charge” and relying on government resources in the United States.
Court Ruling
Judge Vargas rejected the blanket approach, saying immigration law requires visa applications to be assessed according to individual statutory criteria rather than automatically restricting applicants because of their nationality.
The judge’s ruling followed a lawsuit filed by immigrant rights organisations, including the Catholic Legal Immigration Network and African Communities Together, as well as immigrant visa applicants and US citizens sponsoring relatives affected by the policy.
The plaintiffs argued that the suspension unlawfully interfered with the statutory authority of consular officers and separated families by preventing otherwise eligible applicants from obtaining immigrant visas.
The ruling represents another legal setback for President Donald Trump’s broader immigration programme, which has sought to restrict both illegal and legal immigration through visa restrictions, enhanced screening and other measures.
The State Department had not immediately commented on the ruling, while the administration retains the option of appealing the decision.
For Nigerians and other nationals affected by the suspension, the ruling could reopen a pathway that had been effectively frozen since January. However, applicants should not assume that visas will be issued automatically, as individual eligibility requirements and consular processing still apply.
