A federal court in the United States has overturned a ban on issuing immigrant visas to nationals of 75 countries, including North Macedonia. The decision concerns a measure by President Donald Trump’s administration, which Judge Janet Vargas described as “contrary to the law” and beyond the legal authority of Secretary of State Marco Rubio.
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The ban, imposed in January, blocked the issuance of permanent residence visas to citizens of these countries. In addition to North Macedonia, the list included Montenegro, Bosnia and Herzegovina and Kosovo, as well as other countries from the Balkans, the Middle East, Africa, Asia and the Caribbean.
For North Macedonian citizens, the measure prevented the issuance of visas to people seeking to settle in the United States, including those wishing to reunite with family members or move there for employment. Non-immigrant visas, such as tourist and student visas, were not covered by the ban.
The Trump administration defended the decision by arguing that it was necessary to prevent the entry of people who might depend on welfare assistance and other public benefits.
However, Judge Vargas found that US consular officials had in practice been instructed to reject applications solely on the basis of the applicant’s country of origin, even in cases where the applicant was able to support themselves.
US law requires that the refusal of an immigrant visa due to the risk that an applicant could become a “burden on public funds” be based on an individual assessment. This assessment must include the person’s financial situation, age, health, skills and family circumstances.
Vargas overturned all visa refusals based solely on the claim that an applicant would constitute a burden on public funds. The ruling represents another judicial blow to the Trump administration’s immigration policy.
Judge Vargas gave the parties until September 11 to submit a way of addressing the issues that remain pending in the case. The US administration may appeal the decision.
