Court Blocks Immigrant Visa Freeze: 75-Country Ban Struck Down as Unlawful in 2026

On August 21, 2026, Judge Jeannette A. Vargas of the Southern District of New York struck down the State Department's 75-country immigrant visa freeze, declaring it 'patently unlawful.' The policy, introduced in January 2026, had directed consular officers to refuse immigrant visas to nationals of 75 countries under Section 221(g) of the Immigration and Nationality Act—even for otherwise eligible applicants. The court found that Secretary of State Marco Rubio exceeded his authority by overriding the individualized review process required under federal immigration law and by discriminating against applicants solely on the basis of nationality. The ruling vacates the policy entirely and is effective immediately, applying broadly beyond just the named plaintiffs. For EB-3 and other immigrant visa applicants affected by the freeze, this means their cases must be returned to consular officers for individualized review. However, practical relief will be slow: consular posts worldwide face a significant backlog of affected cases, and the State Department must operationalize the ruling across multiple offices. Importantly, this decision does not invalidate separate presidential travel or entry bans under INA § 212(f), and consular officers retain the authority to deny visas on other lawful grounds. A government appeal is considered likely, and a request to stay the ruling pending appeal could delay implementation further. Affected applicants are advised to contact the relevant consular post or the National Visa Center to inquire about their case status. Close monitoring of any appellate developments is strongly recommended, as the legal landscape may shift quickly.