On Thursday (August 21), a federal judge in the United States ruled that the State Department cannot deny visas to foreign nationals applying for them based on the latest travel ban issued by President Trump.
The decision was made by Sparkle Sooknanan, a federal district court judge in the District of Columbia, but it only applies to 82 individuals seeking to become immigrants in the United States. An important restriction attached to the ruling is that immigration authorities can still refuse entry to these foreign citizens at ports of entry or instruct airlines to deny them boarding, thereby preventing them from entering the United States.
The judge appointed by former Democratic President Biden ruled that Trump invoked a federal law in June to sign the travel ban, which restricts citizens from 19 countries from entering the United States, but that law did not authorize the State Department to deny visas.
Lawyers from the Trump administration requested Sooknanan to recognize the State Department’s “consistent practice” of denying visas to foreign nationals banned from entering due to presidential orders. The Trump administration believes that visa restrictions and the travel ban are crucial for national security and that the president has the authority to make such decisions.
However, the judge cited a decision made by the US Supreme Court last year, which restricts executive agencies from exercising power based on their own interpretation of the law. Sooknanan believes that the State Department’s historical traditions cannot serve as a basis for enforcing the law.
Sooknanan did not rule that Trump’s signed travel ban is inherently illegal, meaning that the restrictions on visa issuance remain in effect unless overturned by future litigation.
The plaintiffs in this case argued that if they are not granted visas, they will suffer harm because they were included in the visa program in early 2024 and completed all application procedures.
The lawsuit was filed in July and the plaintiffs include visa applicants from countries such as Afghanistan, Myanmar, Togo, Somalia, and Iran, who qualified for visa applications through the so-called “diversity immigrant visa program.”
Immigration lawyer Curtis Morrison, representing these plaintiffs, said he finds Thursday’s ruling “bittersweet” because it does not provide a way for his clients to immediately enter the United States. While the plaintiffs may now receive visas, it does not prevent US Customs and Border Protection (CBP) from refusing their entry at border ports of entry.