An important judicial decision handed down on August 21, 2026 by a United States federal judge revoked the policy that suspended the issuance of immigrant visas to citizens of 75 countries, including Brazil. The measure, implemented by the government of then President Donald Trump, had been criticized for its legality and impact on thousands of applicants seeking permanent residence in the United States.

Judicial authority invalidates visa suspension policy

Manhattan-based District Judge Jeannette Vargas called the directive announced by the State Department in January 2026 “patently illegal.” In her analysis, the judge argued that the action exceeded the legal authority granted to Secretary of State Marco Rubio and was directly contrary to federal immigration law. This legislation specifically strips the Secretary of State of the prerogative over the processing of immigrant visas by consular agents.

The policy, which established a categorical ban on the issuance of immigrant visas based on the nationality of the applicant, was considered a direct violation of the existing statutory regime. Judge Vargas’ decision reinforces the limits of executive power in immigration matters, preventing broad nationality criteria from overriding established federal laws.

More on this story: Visa revocations by Trump administration exceed 175 thousand, says State Department

Several nations and regions were impacted by the restriction

The suspension of the State Department covered a large group of countries, significantly impacting the lives of many. Among the affected regions and nations were:

• Latin America: Brazil, Colombia and Uruguay.
• Balkans: Bosnia and Albania.
• South Asia: Pakistan and Bangladesh.
• Other regions: Several countries in Africa, the Middle East and the Caribbean.

These restrictions limited the ability of citizens from these backgrounds to obtain visas that would allow them to live and work in the United States, affecting family and professional plans for an extended period.

The US government’s initial justification for the policy

At the time of its implementation, the State Department claimed that applicants of these nationalities posed a “high risk of becoming a public charge.” It was argued that these people could draw on local, state, and federal government resources in the United States, overwhelming the country’s social welfare system. This justification, however, was widely contested by human rights groups and immigrant advocates, who considered it discriminatory.

Immigrant rights organizations filed the lawsuit

The annulment of the policy was the result of a lawsuit filed by several organizations dedicated to immigrant rights. Applicants included the Catholic Legal Immigration Network and African Communities Together, as well as individuals applying for visas and U.S. citizens sponsoring family members from the affected nations. These entities argued that the measure violated due legal process and promoted racial profiling, which was in line with the Trump administration’s immigration restriction policy.

What changes for visa applicants after the decision

With the lifting of the suspension, immigrant visa processes for citizens of the 75 previously barred countries must be resumed. This means that people from Brazil and other impacted nations can reapply and have their requests analyzed without automatic restrictions based on nationality. The decision offers relief and the prospect of family reunification and new opportunities for many who were legitimately awaiting release.