A United States federal judge has struck down the Trump administration’s suspension of immigrant visa processing for nationals of 75 countries, including Nigeria, in a ruling that could provide relief to thousands of Nigerians affected by the policy.
The ruling, delivered on Friday in New York by Judge Jeannette Vargas, declared the visa restriction unlawful and held that US Secretary of State, Marco Rubio, exceeded his statutory authority by directing consular officers to reject immigrant visa applications principally on the basis of an applicant’s nationality.
The decision comes about seven months after the US Department of State ordered consular officers to pause immigrant visa processing for citizens of the affected countries while Washington undertook a broader review of its screening and vetting procedures.
Nigeria was among the countries caught up in the January directive, alongside Ghana, Cape Verde, Barbados, Brazil, Egypt, Iran, Iraq, Afghanistan, Somalia, Thailand and Yemen.
The policy had been justified by the Trump administration as part of efforts to strengthen immigration controls and prevent immigrants considered likely to depend on public assistance from entering the United States.
The administration linked the suspension to the longstanding “public charge” provisions of US immigration law, under which visa applicants may be denied entry if authorities determine that they are likely to become dependent on certain public benefits.
But in her ruling, Vargas rejected the blanket approach, finding that consular officers could not lawfully be instructed to deny immigrant visas solely because applicants came from particular countries.
The judge’s decision means nationality alone cannot serve as the basis for refusing an immigrant visa where an applicant has otherwise satisfied the applicable requirements.
The ruling represents a significant legal setback for the Trump administration’s broader immigration restrictions, which have been a major feature of the president’s second-term policy agenda.
The US government, however, retains the option of appealing the judgment.
For Nigerians with pending immigrant visa applications, the ruling could potentially reopen a pathway that had been stalled since the January suspension, although the practical effect will depend on further directives from the US government and any appeal of the judgment.
The development is also expected to attract renewed attention from Nigerian families, students and prospective immigrants who had been affected by the suspension and uncertain about the status of their applications.
The Trump administration has consistently defended its immigration policies as necessary measures to protect US national security, strengthen border controls and ensure that immigration procedures are properly enforced.
The latest ruling, however, places a judicial check on the administration’s attempt to apply the restrictions broadly across nationals of the affected countries.
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