Washington, D.C., USA: An Indian-origin federal judge has ruled that a Trump administration policy freezing certain green card applications is unlawful, marking a significant legal setback for the State Department's immigration screening measures.
In a judgment dated July 31, Judge Amit Mehta of the U.S. District Court for the District of Columbia held that the public charge policy introduced by Secretary of State Marco Rubio exceeded the authority granted under the Immigration and Nationality Act (INA). The court concluded that Congress had not authorized the State Department to implement such a broad screening policy.
The policy had delayed or blocked immigrant visa applications from nationals of nearly 75 countries, including Nigeria, Colombia, Russia, and Egypt, based on concerns that applicants could become dependent on public assistance after entering the United States. The restrictions affected both family-sponsored immigration cases and certain employment-based green card applications.
The legal challenge was filed by Newton De Moura Gomes, a Brazilian national seeking permanent residency through the EB-5 Investor Visa Program. Gomes argued that the State Department unlawfully delayed his visa application and implemented a policy that violated federal law and the Administrative Procedure Act.
The EB-5 Investor Visa Program allows eligible foreign nationals to obtain permanent residency by investing in qualifying commercial projects that create jobs in the United States.
In his ruling, Judge Mehta stated that the State Department had effectively assumed responsibilities that Congress assigned to individual consular officers. He observed that the policy improperly eliminated the discretionary authority of consular officials to evaluate visa applications on a case-by-case basis.
The judge further ruled that the legal doctrine of consular nonreviewability did not prevent judicial review because the lawsuit challenged the legality of a department-wide policy rather than an individual visa decision.
The court ordered the State Department to stop applying the public charge policy to Gomes' application and directed officials to reconsider his case individually. According to the ruling, the visa application must be re-adjudicated within 60 days after a consular officer determines that the application is complete.
