By Paul Joseph
A United States federal court has nullified a Trump administration policy that suspended immigrant visa processing for citizens of Nigeria and 74 other countries.
U.S. District Judge Jeannette Vargas of the Southern District of New York delivered the ruling on Friday, August 21, 2026, finding that the policy introduced by the U.S. Department of State in January was unlawful and exceeded Secretary of State Marco Rubio’s authority under federal immigration law.
The judgment could provide relief for Nigerians and other foreign nationals whose immigrant visa applications were caught up in the suspension.
The policy halted immigrant visa issuance to applicants from 75 countries, with the administration arguing that some beneficiaries could become dependent on public assistance after entering the United States.
Nigeria was among the African countries affected. Others included Ghana, Cameroon, Gambia, Liberia, Sierra Leone, Senegal, Uganda, Tanzania, Ethiopia, Kenya, Rwanda, Somalia, Sudan, South Sudan, Egypt, Morocco, Algeria, Ivory Coast, Togo and Tunisia.
The State Department introduced the measure on January 21, 2026, placing affected immigrant visa applications on indefinite hold while it reviewed its immigration processing procedures.
The legal challenge was brought by affected families, visa applicants and immigrant rights organisations, including the Catholic Legal Immigration Network and African Communities Together. The plaintiffs argued that the State Department lacked the authority to impose a blanket, nationality-based suspension outside the immigration framework established by Congress.
Judge Vargas upheld the challenge, ruling that the policy conflicted with federal immigration law and exceeded Rubio’s statutory authority. She described the measure as “patently unlawful” and vacated it under the Administrative Procedure Act.
The court further ordered the State Department to resume lawful, case-by-case consideration of immigrant visa applications and set aside visa denials based solely on the now-invalidated policy.
However, the ruling does not automatically guarantee U.S. immigrant visas to Nigerians or other affected nationals. Applicants must still meet existing immigration requirements, including security screening, medical checks and individual eligibility criteria.
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