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Indian-origin US judge blocks Trump's green card freeze
Judge Mehta ruled that the State Department had effectively taken over a role that Congress assigned to individual consular officers.
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Staff Reporter - Thu, 06, Aug 2026
- 00:18 EDT
- 37
AMIT MEHTA / WIKIPEDIA
An Indian-origin federal judge, Amit Mehta has ruled that the Trump administration's policy of freezing certain green card applications over concerns that applicants from 75 nations could become dependent on public benefits is unlawful, dealing a setback to the State Department's immigration screening measures.
In a ruling dated July 31, Judge Mehta of the U.S. District Court for the District of Columbia held that the public charge policy issued by Secretary of State Marco Rubio is an exercise of authority specifically denied by Congress in the Immigration and Nationality Act.
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The policy has delayed or blocked immigrant visa applications—primarily family-based petitions and some employment-based green card cases—from nationals of about 75 countries, including Nigeria, Colombia, Russia and Egypt, over concerns that applicants could become reliant on public assistance in the United States.
The case was brought by Newton De Moura Gomes, a Brazilian national seeking permanent residence through the EB-5 investor visa program. Gomes sued the State Department in May, alleging that the policy violated the Administrative Procedure Act by unlawfully withholding a decision on his visa application and implementing a policy contrary to federal law.
Under the EB-5 investor visa program, a noncitizen can secure permanent residency by investing in designated commercial enterprises that create jobs in the United States.
Judge Mehta ruled that the State Department had effectively taken over a role that Congress assigned to individual consular officers.
The policy plainly nullifies the discretionary authority of consular officers on individual applications, he wrote. Mehta also found that the doctrine of consular nonreviewability, which generally shields those decisions from judicial review, does not block consideration of the case because it challenged a State Department policy.
His order enjoined the State Department from applying the public charge policy to De Moura Gomes' visa request and ordered it to adjudicate his application once it is deemed complete by a consular officer.
“The court further orders Defendants to re-adjudicate Plaintiff’s application on an individualized basis under the INA and applicable regulations no later than 60 days after the application is deemed complete by a consular officer,” the ruling said.
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