A US federal court has dealt a major setback to the Trump administration’s immigration policy by striking down a rule that suspended green card processing for applicants from 75 countries over concerns they could become dependent on public benefits.
The decision, delivered by US District Judge Amit Mehta on July 31, found that the State Department had exceeded its legal authority by implementing the policy. While the ruling is currently limited to the case before the court, it could influence several similar legal challenges already pending in US federal courts.
Here’s what the judgment means and whether it affects Indian green card applicants.
Why Did the Court Block the Green Card Freeze?
In a memorandum opinion, Judge Amit Mehta ruled that the State Department’s “public charge” policy, introduced in January by Secretary of State Marco Rubio, was inconsistent with the Immigration and Nationality Act (INA).
The policy had effectively paused immigrant visa processing for nationals of 75 countries, including Nigeria, Colombia, Russia and Egypt, on the grounds that they could become dependent on government-funded public benefits after entering the United States.
According to the court, the State Department assumed powers that Congress had not granted under federal immigration law.
Judge Says Visa Decisions Belong to Consular Officers
The lawsuit was filed by Newton De Moura Gomes, a Brazilian citizen whose EB-5 investor immigrant visa application was placed on hold under the new policy.
Gomes argued that the State Department had unlawfully delayed his application and adopted a policy that conflicted with existing immigration law.
Judge Mehta agreed, stating that the Immigration and Nationality Act gives consular officers, not the Secretary of State, the authority to make decisions on individual immigrant visa applications.
The court also rejected the government’s claim that visa decisions cannot be reviewed by courts, noting that the lawsuit challenged a department-wide policy rather than an individual visa determination.
As part of the ruling, the judge directed the State Department to stop applying the policy to Gomes’ application and process his immigrant visa once all required documentation is complete.
Which Green Card Applicants Were Affected?
The now-challenged policy mainly impacted:
- Family-sponsored immigrant visa applicants
- Certain employment-based green card applicants
The administration argued that the rule was intended to prevent immigrants from becoming reliant on public assistance programs in the future.
However, critics contended that the policy effectively delayed or blocked applications without considering each applicant’s individual financial circumstances.
Lawyer Welcomes the Court’s Decision
Edward Ramos, the attorney representing Gomes, welcomed the judgment and said it reaffirmed the principle that immigration decisions must be based on individual assessments.
According to Ramos, the State Department cannot require consular officers to conduct case-by-case reviews while simultaneously directing them toward predetermined outcomes through a blanket policy.
He added that Congress intentionally entrusted visa decisions to consular officers applying existing immigration law to each applicant.
State Department Defends Its Screening Process
Following the ruling, a spokesperson for the US State Department declined to comment on the ongoing litigation.
However, the department reiterated that the Trump administration remains committed to maintaining strict screening and vetting standards for visa applicants.
The legal battle is far from over, as multiple lawsuits challenging the green card freeze remain pending in federal courts in Washington and New York.
Separately, the Department of Homeland Security (DHS) has also introduced updated public charge regulations, which are independent of this particular case.
Does the Ruling Affect Indian Green Card Applicants?
For Indian applicants, the immediate impact is limited.
India was not included among the 75 countries covered by the State Department’s public charge policy. As a result, Indian nationals applying for family-based or employment-based green cards were never directly subject to the freeze addressed in this court case.
Therefore, the ruling does not change the current processing of Indian green card applications, although immigration experts say it could influence future legal interpretations of the government’s authority over visa policies.
What Happens Next?
At present, the court’s decision applies specifically to Gomes’ case. However, it is expected to play an important role in other ongoing legal challenges against the Trump administration’s public charge policy.
If similar rulings emerge in other federal courts, the government may be forced to revise or withdraw the policy entirely.
Key Takeaway
A US federal judge has ruled that the Trump administration’s green card freeze for applicants from 75 countries exceeded the State Department’s legal authority under the Immigration and Nationality Act. While the judgment currently applies to a single case, it represents a significant legal challenge to the policy.
For Indian green card applicants, there is no direct impact, as India was not among the countries covered by the suspended policy. However, the ruling could shape future immigration policies and ongoing court cases related to visa processing in the United States.