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Judge Blocks Trump Policy and Reopens Visa Access for Nicaragua and Guatemala

A federal judge reopened immigrant visa access for Nicaragua, Guatemala and 73 other countries. Some rejected applications could now be reviewed.
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Judge Blocks Trump Policy and Reopens Visa Access for Nicaragua and Guatemala
Foto: Shutterstock

  • Visas for Nicaragua and Guatemala
  • Ruling affects 75 countries
  • Applications could be revisited

A federal judge blocked a Trump administration immigration policy and reopened access to immigrant visas for citizens of Nicaragua and Guatemala, along with dozens of other countries.

Judge Jeannette Vargas, of the Southern District of New York, determined that the suspension imposed since January exceeded the government’s authority and deemed it “manifestly illegal”.

Additionally, the decision affects 75 countries and challenges a directive that allowed applications to be rejected based on the possibility that certain immigrants could become an economic burden on the United States.

The ruling could have consequences for thousands of families who faced rejections or delays while trying to immigrate legally or reunite with family members established in the United States.

Why it matters: visas for Nicaragua and Guatemala reopen a legal pathway

Visas for Nicaragua and Guatemala
Visas for Nicaragua and Guatemala – Photo: Shutterstock

The suspension had closed access to residence visas even for applicants who could meet the established requirements and demonstrate economic capability, according to the court’s determination.

Among those affected were citizens of Nicaragua and Guatemala, but the policy also affected Latin American countries such as Brazil, Cuba, Haiti, Colombia, and Uruguay, as well as African and Asian nations.

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The lawsuit presented cases of US citizens who reported difficulties in reuniting with family members in Guatemala and Ethiopia, as well as foreign professionals harmed by the ban.

Joanna Cuevas Ingram, of the National Immigration Law Center, called the decision a victory for affected families and argued that immigration laws cannot be used to justify discrimination.

The fact: ruling on visas affects citizens of 75 countries

The Trump administration’s policy was based on considering the potential economic risk posed by applicants from certain countries to restrict the issuance of immigrant visas.

Vargas concluded that this directive conflicted with existing rules by ordering rejections even when individuals could demonstrate that they met the requirements to receive a visa.

The State Department avoided commenting directly on the lawsuit, although it defended the administration’s strict mechanisms for evaluating and verifying visa applicants.

Skye Perryman, president of Democracy Forward, argued that the ruling rejects a policy that, according to the organization, separated families and restricted rights through nationality-based bans.

The process: rejected applications could be revisited

A key consequence of the ruling is that applications rejected solely due to the challenged directive will have to be reviewed, which could reactivate numerous affected cases since January.

This does not mean that citizens of the included countries will automatically receive a visa: each applicant will still have to undergo the individual migration evaluation process.

The ruling eliminates the general ban questioned by the court, but it does not replace requirements such as documentation, interviews, security checks, eligibility, and other applicable conditions.

The decision thus represents a significant change for those who had been blocked solely due to their nationality.

What those affected by the suspension can do

Applicants from Nicaragua and Guatemala should check the status of their cases and any official communication received from the State Department or the consulate responsible for processing their application.

Those who received a rejection during the policy’s validity should determine if the rejection was based solely on the now-annulled directive before assuming that their case will be automatically reopened.

Families with pending processes should also keep notifications, case numbers, and consular documents, in addition to following official instructions on any review or new procedure required.

Although the ruling restores an important migration opportunity, it does not guarantee the approval of any visa: it reestablishes the individual evaluation that will determine who finally meets the requirements to immigrate to the United States, as detailed by Infobae.