A federal judge in New York refused to pause her ruling that struck down the State Department’s suspension of Immigrant visaA visa issued at a consulate to a person intending to live permanently in the United States. On admission the holder becomes a permanent resident.See it in the glossary for nationals of 75 countries, leaving the ruling in effect while the government appeals. U.S. District Judge Jeannette A. Vargas, who was appointed by President Joe Biden, a Democrat, denied the government’s motion on September 25 in Catholic Legal Immigration Network v. Rubio, according to the court’s opinion.
What the 75-country ruling keeps in place
On August 21, Vargas ruled that the State Department’s January 14 policy, which categorically suspended immigrant visa issuance for applicants from 75 designated countries, was contrary to law and went beyond the department’s statutory authority. A partial judgment entered August 24 set aside any visa refusal based solely on the policy and sent those cases back to the department for further processing.
The government asked Vargas to stay that judgment while it appeals or, failing that, to stay the parts that set aside refusals. She denied both requests.
Why the court said no
Vargas found the government had not shown that a stay was warranted. She said its arguments on the merits were “largely insubstantial,” and she rejected its reliance on the rule that courts generally cannot review consular officers’ visa decisions, because the plaintiffs challenged a department-wide policy and not individual decisions.
She also treated some of the government’s newer arguments as waived because they were not raised in its earlier briefs. One was a claim that a different law gave the Secretary of State authority for the policy, which she said looked like an after-the-fact justification.
The harm the court weighed
The government said that without a stay, some remanded cases could reach visa issuance before the department finishes updated Public chargeA ground of inadmissibility for applicants an officer finds likely at any time to become a public charge. For Form I-485 filings on or after September 18, 2026, USCIS guidance lets officers weigh a wider range of means-tested public benefits, not only cash assistance.See it in the glossary training and review tools. Vargas said restoring the earlier status quo is not an irreparable harm, and that extra reviews the department plans are policy choices of the executive branch that her judgment does not require.
She noted that the judgment covers only applicants whom a consular officer had already found eligible and not subject to the public charge ground, which she put at about 43,000 people. The opinion cited a U.S. citizen whose wife and 2-year-old daughter have been in Guatemala since January, and another whose 70-year-old mother has stayed in Jamaica since her January interview. Tens of thousands of people, the court said, have been in limbo for about nine months.
What happens next
This is a district court decision, and the government is appealing. A party that wants the judgment paused during the appeal can still ask the Second Circuit for a stay. The order does not say what the government will do next.
The ruling sends refused cases back for further processing and does not guarantee a visa to anyone. Our earlier report explains the August 21 decision, and a separate order on the Diversity Visa deadline also covers applicants affected by the 75-country pause.