周五,一名联邦法官推翻了特朗普政府暂停向75个国家国民发放移民签证的政策。该裁决撤销了仅基于该政策作出的拒签决定,并要求领事官员根据正常的移民法对这些案件进行重新审查。
美国地区法官珍妮特·A·巴尔加斯表示,这项由国务院在今年1月宣布的政策“违反法律,且超出了国务卿卢比奥的法定权限”。
该指令曾要求美国驻外使领馆暂停移民签证的审理工作,以便国务院根据现行移民法重新评估其审查程序。国务院在今年1月称,此次暂停是为了“防止可能依赖福利和公共福利的外国人入境”。
巴尔加斯法官在周五的裁决中指出,该政策与联邦移民法相冲突,因为联邦法律赋予了领事官员“决定移民是否有资格获得签证的专属权力和自由裁量权”。
巴尔加斯在裁决书中写道:“这项政策仅凭申请人的国籍就全面禁止发放移民签证,是对这一法定体系的直接废除。”
法官的命令还撤销了所有仅基于该政策作出的拒签决定。
提起诉讼挑战该政策的“天主教合法移民网络公司”执行董事安娜·加拉格尔表示:“针对75个国家暂停合法签证处理,导致那些仅仅遵循合法移民程序的配偶、父母和子女骨肉分离。”
加拉格尔补充道:“天主教社会教义呼吁我们维护每个人的尊严,并认识到家庭是社会的基石。今天的裁决既肯定了这些价值观,也捍卫了法治,让家庭能够再次朝着团聚迈进。”
国务院未立即回应美国广播公司(ABC News)的置评请求,也未表明是否会对此裁决提起上诉。
在该政策宣布时,国务院发言人在一份声明中表示:“特朗普政府正在终结那些企图从美国人民身上攫取财富的人对美国移民系统的滥用。国务院将利用其长期以来的权限,认定那些可能成为美国公共负担、剥削美国人民慷慨的潜在移民不具备资格。”
Judge strikes down Trump administration policy that suspended immigrant visas for 75 countries, reinstating evaluations
A federal judge on Friday struck down the Trump administration’s policysuspending immigrant visa issuancefor nationals of 75 countries, setting aside refusals based solely on the policy and requiring those cases to be reconsidered by consular officers under the normal immigration laws.
U.S. District Judge Jeannette A. Vargas said the policy, announced by the State Department in January, "is contrary to law and was issued in excess of Secretary Rubio's statutory authority."
The directive instructed U.S. embassies and consulates to suspend immigrant visa adjudications while the State Department reassessed its vetting procedures under existing immigration law.
The State Department said in January the pause was intended to "prevent the entry of foreign nationals who would take welfare and public benefits."
Vargas said Friday the policy conflicts with federal immigration law, which gives consular officers "exclusive authority and discretion" to determine whether an immigrant is eligible for a visa.
"The Policy, which categorically prohibits the issuance of immigrant visas based upon the nationality of the applicant, represents a direct abrogation of this statutory scheme," Vargas wrote.
The judge's order also vacates visa denials that were based solely on the policy.
"The suspension of lawful visa processing across 75 countries separated spouses, parents, and children who were simply following the legal immigration process," said Anna Gallagher, executive director of the Catholic Legal Immigration Network Inc., the group that filed the lawsuit challenging the policy.
"Catholic social teaching calls us to uphold the dignity of every person and recognize the family as the foundation of society," Gallagher added. "Today's decision affirms both those values and the rule of law, allowing families to once again move forward toward reunification."
The State Department did not immediately respond to ABC News' request for comment, nor has it indicated it is going to appeal the decision.
"The Trump administration is bringing an end to the abuse of America’s immigration system by those who would extract wealth from the American people," a State Department spokesman said in a statement when the policy was announced. "The State Department will use its long-standing authority to deem ineligible potential immigrants who would become a public charge on the United States and exploit the generosity of the American people."





