In late January of this year, the Trump administration implemented a sweeping policy that paused the issuance of immigrant visas for nationals of 75 countries.
This pause applies to visas that allow someone to move permanently to the United States — such as family-based and employment-based immigrant visas — but does not apply to temporary visas like student, tourist, or business visas. The move has left many families separated and many workers unable to complete the immigration process.
In February 2026, soon after the policy was announced, several immigrant advocacy organizations and affected individuals filed a federal lawsuit challenging the legality of the rule. The case, CLINIC v. Rubio, is now moving forward in federal court and could determine whether the policy remains in place.
According to the National Immigration Law Center, which is one of the organizations suing the Trump Administration, the lawsuit argues that the ban violates all of the following: the Administrative Procedure Act because it was implemented without notice-and-comment rulemaking, the Immigration and Nationality Act itself, the constitutional separation of powers, and the Fifth Amendment due to its discriminatory intent.
The Trump administration has stated that the visa pause is allowable under a U.S. law giving visa officers more discretion to consider whether someone is likely to become a “public charge” — meaning determining whether they will depend on government programs for basic living expenses.
Immigration law requires that immigrant visas or “green cards”, be decided on a case-by-case basis so that every applicant is evaluated fairly and without discrimination. The lawsuit argues that the State Department violated this requirement by denying visas to applicants from 75 countries while still reviewing applicants from other countries individually.
As of now the case is still in its early stages. The federal government is expected to respond to the lawsuit, and the court will determine whether the policy can remain in place while the case proceeds.
If the plaintiffs succeed, the court could block the policy and require the State Department to resume normal immigrant visa processing for applicants from the affected countries.
What This Means for Immigrants
For many families and employers, the outcome of CLINIC v. Rubio could determine whether their immigrant visa applications can move forward. Until the case is resolved, applicants from the affected countries will likely continue to face delays and uncertainty.
Immigration law and policy can change quickly, especially when major federal lawsuits are involved. Anyone affected by the 75-country visa suspension should stay informed about legal developments and consider speaking with an experienced immigration attorney about their options.
If you would like an immigration consultation or assistance filing an immigration petition, you can reach us at (757) 422-8472, or send us a message on our website. You can also schedule an appointment with one of our attorneys by clicking on this link.
