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2.0

State Department pauses issuance of immigrant visas for nationals of 75 countries

  1. Original Date Announced

    January 14, 2026

    The Department of State announced that it is pausing issuance of all immigrant visas to nationals of 75 countries based on a determination that nationals of such countries are at "high-risk" of becoming a public charge, effective January 21, 2025. This policy will not revoke any existing visas, and will not affect nonimmigrant visas, such as tourist visas. The freeze will remain in place "until the U.S. can ensure that new immigrants will not extract wealth from the American people," according to a State Department post on X.

    The impacted countries are: Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.

    Trump 2.0 [ID #2178]

    2026.01.14: DOS: Immigrant Visa Processing Updates for Nationalities at High Risk of Public Benefits Usage 2026.01.26 DOS X Post - Visa Processing Freeze
  2. Effective Date

    January 21, 2026
  3. Subsequent Trump and Court Action

    January 28, 2026

    2026.01.28 Order - Sangster v. Rubio

    District Judge Anne Traum enjoined DOS from refusing the visa applications of two noncitizens on the basis of the January 14, 2026 policy. The two plaintiffs, nationals of the Democratic Republic of the Congo, had filed a complaint and motion for temporary restraining order to compel the DOS to adjudicate their applications. The court found that the DOS policy likely violated the APA, as it contravened the visa adjudication framework established by Congress, abrogated the discretion of consular officers, and failed to meet the notice-and-comment requirement. Sangster v. Rubio, No. 3:25-cv-0047 (D. Nev.).

    **Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

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  4. Subsequent Trump and Court Action

    February 2, 2026

    2026.1.26 DOS - Immigrant Visa Processing Updates for Nationalities at High Risk of U.S. Public Benefits Reliance

    DOS updated its guidance on pausing all visa issuances to applicants who are nationals of countries deemed to be "at high risk of U.S. public benefit reliance," stating that "children being adopted by Americans can qualify for an exception, including a National Interest Exception pursuant to Presidential Proclamation 10998."

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  5. Subsequent Trump and Court Action

    February 2, 2026

    2026.02.02 Complaint - Catholic Legal Immigration Network, Inc. v. Rubio

    The Catholic Legal Immigration Network (CLINIC) and individuals facing exclusion from the U.S. filed a lawsuit against Secretary of State Marco Rubio and the Department of State. Plaintiffs allege that DOS imposed a categorical nationality-based ban on immigration for nationals of 75 countries on false and unsupported grounds. The blanket ban, the complaint alleges, violates the case-by-case adjudication mandated by the INA. Plaintiffs further allege that the new guidance governing public charge determinations from November 2025 is discriminatory and unlawful. Plaintiffs claim that the visa ban and public charge rules violate the APA as well as the Fifth Amendment's due process and equal protection guarantees, and are ultra vires. Plaintiffs seek to have the agency actions enjoined and vacated. Catholic Legal Immigration Network, Inc. v. Rubio, No. 1:26-cv-00858 (S.D.N.Y.).

    **Link to case here. See litigation note above**

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