A federal court in New York has overturned the ban on the issuance of immigrant visas to citizens of 75 countries by the administration of US President Donald Trump, recognizing that policy as contrary to the law and beyond the powers of US Secretary of State Marco Rubio, according to reports.CNN:the TV channel.
The information that Armenia is included in that list was published on the website of the US State Department.
Manhattan Federal District Court Judge Janet Vargas said the State Department was effectively ordered to deny visas to applicants based solely on their citizenship, even if they could prove they would not be dependent on public assistance.
In January, the State Department suspended the processing of immigrant visas for about 40% of the world's countries, including Russia, Brazil, Colombia, Egypt, Haiti and Somalia. The US authorities explained the decision by the fact that they prohibit the entry of potential benefit recipients into the country.
But American law provides that the decision whether an immigrant can become a so-called public charge, a person potentially dependent on government assistance, must be made individually, taking into account his financial situation, age, health, skills and family circumstances.
Vargas noted that Rubio's order required diplomatic and consular missions to reject applicants even in cases where they presented additional proof of their financial independence. According to the judge, in case of such a procedure, "the outcome is predetermined" and the visa will be rejected anyway.
The court also concluded that the policy violates a 1965 law that prohibits discrimination based on nationality in the issuance of visas. At the same time, the decisions of rejection on other grounds provided by the law remain in force.
The restrictions applied to immigrant visas for permanent residence in the United States, including family reunification and employment. Tourist and student non-immigrant visas were not covered by the ban.
The judge gave the parties until September 11 to submit proposals regarding the further investigation of the case. The Trump administration may appeal the decision.
