US court nullifies Trump’s visa ban on Nigeria, 74 other countries
By Ojochenemi Onje, Abuja
A United States federal judge has struck down a visa policy introduced by President Donald Trump’s administration that suspended immigrant visa processing for nationals of 75 countries, including Nigeria, ruling that the measure was contrary to law.
The ruling, issued on Friday in New York by Jeannette Vargas, US District Judge , found that Marco Rubio, Secretary of State exceeded his statutory authority by directing consular officers to refuse immigrant visas based solely on an applicant’s nationality.
Vargas said the administration could not lawfully impose a blanket restriction on visa issuance by country of origin without the authority granted under existing immigration law.
The decision comes about seven months after the US Department of State introduced the controversial measure, which affected applicants from countries across Africa, Asia, the Middle East, the Caribbean and Latin America.
Nigeria was among the countries affected by the policy, alongside Ghana, Cape Verde, Barbados, Afghanistan, Brazil, Egypt, Iran, Iraq, Somalia, Thailand and Yemen.
In January, the State Department directed US consular posts to pause processing of immigrant visas for nationals of the affected countries while the administration carried out what it described as a comprehensive review of screening and vetting procedures.
The move was linked to the Trump administration’s renewed emphasis on the “public charge” provision of US immigration law.
The provision allows US immigration authorities to deny certain visa applications where an applicant is considered likely to become primarily dependent on government assistance.
At the time, the State Department defended the policy on national security and economic grounds, saying it was intended to prevent immigrants from high-risk countries from unlawfully accessing welfare benefits or becoming a financial burden on the United States.
However, Vargas rejected the government’s approach, finding that consular officers had been improperly instructed to deny immigrant visas based solely on an applicant’s country of origin, regardless of whether the individual had otherwise satisfied the applicable eligibility and screening requirements.
The decision could have significant implications for Nigerians and other affected nationals who had been caught in the suspension and were unable to proceed with immigrant visa applications despite meeting other requirements.
It also represents a legal setback for the Trump administration’s immigration agenda, which has relied heavily on executive actions, expanded screening requirements and restrictions targeting nationals of selected countries.
The US government is expected to consider whether to appeal Vargas’ ruling.
Trump has, since returning to office, pursued an aggressive immigration enforcement and restriction programme, arguing that tighter controls are necessary to protect US national security, strengthen border enforcement and prevent abuse of the country’s immigration and welfare systems.
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