State Department suspended immigrant-visa processing for 75 countries citing "public charge" concerns

On January 14, 2026, the State Department said it would suspend the processing of immigrant visas for citizens of 75 countries, including Afghanistan, Iran, Russia, and Somalia, effective January 21. The department, led by Secretary of State Marco Rubio, said it had instructed consular officers to halt immigrant-visa applications from the affected countries under a broader directive issued in November 2025 that tightened vetting of prospective immigrants over their likelihood of becoming a "public charge" — reliant on government assistance — once admitted. Officials described the action as ending "abuse of America's immigration system by those who would extract wealth from the American people."

The suspension applies only to immigrant visas — the family- and employment-based pipeline to permanent residency — and does not affect nonimmigrant tourist or business travel, which the department said was expected to rise ahead of the 2026 World Cup and 2028 Olympics.

Updates

2026-02-02 — CLINIC and 11 individual plaintiffs sued over the suspension [2, 3]

Catholic Legal Immigration Network, Inc. (CLINIC), African Communities Together, and 11 individual visa applicants and petitioners sued Secretary of State Marco Rubio and the State Department in the U.S. District Court for the Southern District of New York (Catholic Legal Immigration Network, Inc. v. Rubio, No. 1:26-cv-00858), alleging the blanket, nationality-based suspension exceeds the department's statutory authority by replacing immigration law's required case-by-case adjudication with a categorical bar, and constitutes discrimination based on national origin. As of this recording, the case remains pending before Judge Jeannette A. Vargas, with cross-motions for summary judgment filed in June 2026 and no ruling issued.

2026-08-21 — Judge struck down the visa suspension as exceeding Rubio's statutory authority [4, 5]

Judge Jeannette Vargas ruled that the 75-country visa suspension was "contrary to law" and exceeded Secretary of State Marco Rubio's statutory authority, reversing any visa denial based solely on the policy. She found that a cable Rubio sent to every diplomatic and consular post directed officers to reject applicants based on nationality alone, regardless of their individual finances, age, health, skills or family situation, calling the outcome "predetermined": "The visa will be refused." Vargas held the policy violated a 1965 law barring nationality-based discrimination in visa decisions and a separate provision denying the secretary of state any say over individual consular adjudications, though she found the policy did not require notice-and-comment rulemaking. Denials resting on other legal grounds stand. Vargas gave both sides until September 11, 2026 to propose next steps; the administration can appeal.