Green Card Freeze 2026: Federal Judge Rules 75-Country Public Charge Ban Unlawful

A U.S. District Judge ruled on August 3, 2026 that the State Department's blanket pause on immigrant visa approvals for nationals of 75 countries is unlawful under the Immigration and Nationality Act. The policy, introduced in January 2026, directed consular officers to refuse covered immigrant visa applications while the government developed additional public charge screening procedures. In De Moura Gomes v. Rubio, Judge Amit Mehta found that the policy exceeded the Secretary of State's statutory authority. Under the INA, the responsibility to evaluate whether an applicant is likely to become a 'public charge' belongs to individual consular officers — not the Secretary of State acting through a categorical freeze. The court found the policy unlawfully stripped officers of that discretion even for financially self-sufficient applicants. The court ordered the State Department to adjudicate the plaintiff's EB-5 immigrant visa application. However, the injunction is narrowly scoped: it applies only to this individual plaintiff and does not immediately lift the freeze for all affected nationals of the 75 listed countries. For EB-3 applicants from affected countries, the ruling does not provide immediate relief, but it carries significant legal weight. The court's conclusion that the underlying policy is unlawful may strengthen parallel challenges currently pending in New York and DC district courts, which could result in broader relief if those cases succeed. Applicants whose cases have been stalled under this freeze should consult an immigration attorney to assess whether they may benefit from joining or referencing this legal precedent in ongoing or new litigation.