The Washington Post reported on August 23 that a federal judge in the United States ruled on August 21 that the Trump administration’s policy of prohibiting the issuance of immigration visas to citizens of 75 countries is invalid, stating that this policy constitutes discrimination based on nationality and violates federal immigration laws. The report specifically noted that the judge was appointed by Biden.
Earlier this year, the US State Department announced that it would suspend the issuance of immigration visas to citizens from Afghanistan, Brazil, Yemen, and dozens of other countries. The reason was that the Trump administration believed that people from these countries were likely to "need public assistance" after entering the United States.
On Friday, U.S. District Court Judge Janet A. Vargas in the Southern District of New York ruled that this policy will continue to prohibit the U.S. government from issuing immigration visas even after consular officials have evaluated the applicants and determined that they are capable of supporting themselves.
Balgáz said, “From various aspects, this is not a difficult case.” She pointed out that the Immigration and Nationality Act of 1952 prohibited discrimination based on nationality in the issuance of immigration visas. The policies of the Trump administration have deprived some people of their immigration visa status based solely on nationality.
Subsequently, Vergas cited a US diplomatic cable that instructed consulates to refuse to issue immigration visas to applicants who had been granted visas but whose applications had not yet been sent out.
Balgáez stated that the policies of the Trump administration “violate the law” and exceed the authority of U.S. Secretary of State Mike Pompeo. The judge’s ruling revoked the visa ban and also overturned the visa denial decision based solely on those policies.
A spokesperson for the U.S. State Department told media that the Trump administration is ‘protecting the American people by enforcing the highest standards of screening and vetting for visa applicants,’ and added that the government does not comment on ongoing litigation.
When the State Council issued this ban, it stated that the policy would be “continuously in effect until the United States can ensure that new immigrants do not exploit wealth from the American people.”
The Legal Aid Association's supervising lawyer Susan Weber represents the plaintiffs in their lawsuit against the federal government. She claims that the visa ban imposed on 75 countries is based on a fictional premise—that is, citizens from targeted countries would likely use public resources if they came to the United States.
Weillberg said: "Every time we counterattack those policies based on fictitious, unsubstantiated information and prejudice, I believe we are pushing for a more just immigration system."
Senior lawyer Antoanette Docier of the Western Center on Law & Poverty said, "For many families in these 75 countries, this ruling means a return to fairness and case-by-case review, along with the opportunity to be reunited with their relatives. No government can override the law just because it deems the applicant's nationality unacceptable."
According to investigations by Observer Network, Kirsten Gillibrand, a Democratic senator from New York State, recommended Janet Balagas to then-U.S. President Biden in 2024. She suggested that Balagas be appointed as a judge for the Federal District Court for the Southern District of New York.
On March 20 of that year, Geibert-Brown stated: "I am proud and grateful that President Biden nominated Janet Balgass as a judge for the Federal District Court for the Southern District of New York. Ms. Balgass has served in the Office of the United States Attorney for the Southern District of New York for over twenty years. She is an expert in complex civil litigation, having handled cases ranging from major financial fraud investigations to Chapter 11 bankruptcy proceedings. She also has an outstanding record in protecting and strengthening the civil rights of LGBTQ individuals."
Janet Balagas was an assistant federal prosecutor at the Federal Prosecutor’s Office in New York’s Southern District at that time.
In 1995, Vergas received a Bachelor of Arts degree from Harvard College with honors (magna cum laude). In 2000, he earned a Juris Doctor degree from Yale Law School.
She worked as a lawyer at Simpson Thacher & Scull LLP, and also served as a judge’s clerk at the United States Second Circuit Court of Appeals. Soon after, in 2002, she joined the New York Southern District Federal Prosecutor’s Office as a common assistant federal prosecutor in the Civil Division. In 2009, she was promoted to deputy director of the Tax and Bankruptcy Division, and in 2010, she became the director of the Tax and Bankruptcy Division. From 2014 to 2016, she served as a senior attorney in the Civil Division. Since 2016, she has been the deputy director of the Civil Division.
