Federal Court Strikes Down 75-Country Immigrant Visa Ban
Federal Court Strikes Down 75-Country Immigrant Visa Ban
PR Newswire
NEW YORK, Aug. 22, 2026
Colombo & Hurd served as co-counsel; ruling vacates the policy nationwide and reopens visa refusals based solely on nationality
NEW YORK, Aug. 22, 2026 /PRNewswire/ -- A federal judge in New York has struck down the U.S. Department of State policy that suspended immigrant visa issuance for nationals of 75 countries, calling it "patently unlawful" and vacating it nationwide. Colombo & Hurd, PL served as co-counsel for the plaintiffs, with the firm's federal litigation practice led by partner Sarah Wilson.
In an opinion issued August 21, 2026, U.S. District Judge Jeannette A. Vargas of the Southern District of New York held that the policy discriminated on the basis of nationality in violation of the Immigration and Nationality Act, forced consular officers to refuse applicants they had already determined were eligible, and exceeded Secretary of State Marco Rubio's statutory authority.
The court went further than declaring the policy unlawful. It vacated the policy outright and set aside every immigrant visa refusal that rested solely on it, unfreezing them for lawful adjudication.
"Behind this case are families, loved ones, and communities who were harmed by a policy that blocked immigrant visas on a categorical basis," said Sarah Wilson, Partner and Federal Litigation Practice Leader at Colombo & Hurd. "This decision affirms that this kind of sweeping suspension is not permitted by law, and it offers meaningful relief to those whose visa refusals rested solely on that policy."
Among the plaintiffs is Dr. Fernando Lizcano Losada, a Colombian endocrinologist who was preparing to continue cancer research, including breast cancer, at Harvard Medical School. He was refused a visa on the government's theory that he was likely to become a public charge.
"The government never said there was anything wrong with his case," said Carlos Colombo, Co-Founder of Colombo & Hurd. "It said there was something wrong with his passport. That was the entire policy, and a federal court has now thrown it out."
Colombo & Hurd brought the case with the National Immigration Law Center, Democracy Forward, The Legal Aid Society, the Western Center on Law & Poverty, and the Center for Constitutional Rights, on behalf of the Catholic Legal Immigration Network, Inc., African Communities Together, and individual plaintiffs.
What This Means for Affected Applicants
Applicants refused under INA § 221(g) solely because of the policy now have those refusals set aside and their applications remanded for further processing. The ruling does not guarantee any individual approval; it restores the individualized review the law requires. The government may appeal the decision.
About Colombo & Hurd, PL
Colombo & Hurd is a leading U.S. immigration law firm representing high-skilled professionals, entrepreneurs, investors, institutions, and employers. The firm's federal litigation practice is focused on challenging government actions that prevent the lawful immigration of professionals to the United States.
The case is Catholic Legal Immigration Network, Inc. v. Rubio, No. 1:26-cv-00858 (S.D.N.Y.)
SOURCE Colombo & Hurd
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