Court Strikes Down Policy that Restricts Visas for 75 Countries on Welfare-Use Grounds

Judge Jeannette Vargas [U.S. District Court - Southern District of New York] concluded...that the policy was contrary to law because it violated the INA's prohibition against restricting immigration benefits from aliens "based solely on their nationality." Moreover, Judge Vargas held that the policy unlawfully overrode consular officer discretion and decision-making authority that must dictate whether an immigrant visa is granted or denied.