A United States federal judge has overturned the Trump administration’s visa restrictions affecting citizens of 75 countries, including Nigeria, ruling that the policy exceeded the government’s legal authority.
US District Judge Jeannette Vargas issued the ruling on Friday in New York, describing the visa policy as “contrary to law” and concluding that Secretary of State Marco Rubio had gone beyond his “statutory authority”.
The US Department of State introduced the measure in January, directing consular officials to suspend visa processing for applicants from the affected countries while the government reviewed its screening and vetting procedures.
The policy was linked to the “public charge” provision of US immigration law, which allows authorities to deny visas to applicants deemed likely to depend on public assistance.
Countries affected by the restrictions included Nigeria, Ghana, Cape Verde, Barbados, Afghanistan, Brazil, Egypt, Iran, Iraq, Somalia, Thailand and Yemen.
When the policy was announced, the State Department said it was intended “to ensure that immigrants from high-risk countries do not unlawfully utilize welfare in the United States or become a public charge”.
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However, Vargas ruled that the administration improperly instructed consular officers to reject immigrant visa applications solely because of an applicant’s nationality, even where the applicant had otherwise met the requirements.
The ruling means the visa restrictions cannot stand in their current form, although the US government has the option of appealing the decision.
The development comes amid the Trump administration’s broader immigration crackdown, which has introduced several measures aimed at tightening entry into the United States and strengthening immigration enforcement.