Trump administration’s decision to pause immigrant visa issuance for nationals of select countries has resulted in ineligibility for US green cards, effective January 21, 2026, prompting lawsuits from affected immigrants.
A complaint filed in the Southern District of New York argues that the freeze on immigrant visas for 75 countries violates the Administrative Procedure Act, Immigration and Nationality Act, and equal protections under the Constitution, reports Bloomberg Law.
Numerical limits and per-country caps on employment-based green cards mean those immigrants won’t just face delays but could lose their visa under this year’s cap while the freeze is in effect, the lawsuit says.
“This administration is trying to shut down lawful immigration from nearly half the countries in the world without legal authority or justification,” said Anna Gallagher, executive director of Catholic Legal Immigration Network Inc., the lead plaintiff in the suit, to Bloomberg Law.
Lawsuit
The INA permits the denial of entry to potential immigrants deemed likely to become a ‘public charge.’ However, the lawsuit contends that this law has not been broadly applied and is founded on a faulty assumption, as the majority of immigrant visa applicants are ineligible for government assistance for extended periods.
The temporary ban on nationals from certain countries seeking immigrant visas is primarily due to economic concerns, as President Trump emphasizes the need for immigrants to be financially self-sufficient and not a burden on American taxpayers.
75 Countries Ineligibility
Immigrant visas permit foreign nationals to reside and work in the U.S. after obtaining a green card; however, a new rule prohibits issuing these visas to individuals from 75 countries.
The Trump administration has paused the issuance of immigrant visas and made nationals of select countries ineligible for US green cards, effective January 21, 2026. This affects applicants from 75 specified countries.
The State Department has paused green card issuances for countries such as Brazil, Colombia, Nigeria, and Iran starting January 21, pending a review of policies regarding the likelihood of immigrants using public benefits. The duration of this review is currently unspecified.
The exclusion of India from the list of countries with a welfare usage rate exceeding 25% is notable, especially since Indian-Americans have high median household incomes and low public assistance reliance compared to other immigrant groups.