US Judge Strikes Down Immigrant Visa Suspension Affecting Nigeria
By Cynthia Okere, Lagos
A United States federal judge has struck down the Trump administration’s policy suspending immigrant visa issuance to nationals of 75 countries, including Nigeria, ruling that the measure violated federal immigration law and exceeded the authority of US Secretary of State Marco Rubio.
US District Judge Jeannette A. Vargas of the Southern District of New York delivered the ruling on Friday, August 21, setting aside the State Department policy introduced earlier this year.
The suspension, which took effect on January 21, 2026, paused immigrant visa issuance for applicants from Nigeria and 74 other countries while the US government reviewed screening and vetting procedures.
The State Department had said the review was aimed at nationals of countries considered at high risk of relying on US public benefits or becoming a “public charge.” Nigeria appeared on the department’s official list alongside countries including Ghana, Cameroon, Brazil, Egypt, Ethiopia, Pakistan, Russia, Senegal and Somalia.
In her ruling, Judge Vargas found that the blanket nationality-based policy interfered with powers given by Congress to consular officers to determine individual eligibility for immigrant visas.
The court also set aside visa refusals based solely on the 75-country policy, clearing the way for affected applications to be reconsidered individually under existing US immigration law.
The case was brought by immigrant rights organisations and individuals affected by the suspension, including people seeking to reunite with relatives in the United States.
What the ruling means for Nigerians
The judgment is particularly important to Nigerians pursuing immigrant visas for permanent relocation to the United States, including eligible family-sponsored and employment-based applicants whose cases were affected by the January suspension.
However, the ruling should not be interpreted as removing all US visa restrictions affecting Nigerian nationals.
A separate US entry and visa suspension framework that took effect on January 1, 2026, placed Nigeria among 19 countries subject to partial restrictions covering B-1/B-2 visitor visas, F, M and J student and exchange visas, as well as immigrant visas, subject to specified exceptions.
The latest court decision specifically targets the State Department’s separate January 21 policy covering immigrant visa applicants from 75 countries.
The State Department had not immediately indicated whether it would appeal the ruling or how quickly affected immigrant visa cases would resume processing following the judgment.