SCOOP: Trump Travel Ban Dealt Legal Blow
District Judge Sparkle L. Sooknanan says authority extends only to entry, not to visa issuance, in case brought by Red Eagle Law.
WASHINGTON — A federal judge in Washington ruled Thursday that former President Donald Trump’s travel ban cannot be used to stop the State Department from issuing visas, delivering a major win to more than 100 immigrants who sued after being denied access to the U.S. diversity visa program.
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U.S. District Judge Sparkle L. Sooknanan granted a preliminary injunction in Thein v. Trump, ordering the government to continue adjudicating applications and barring consular officials from refusing visas under Trump’s June proclamation, which suspended entry from 19 countries including Afghanistan, Burma, Somalia, Togo and Iran.
The decision makes clear that while the president may invoke Section 212(f) of the Immigration and Nationality Act to restrict entry into the United States, that authority does not extend to halting visa issuance.
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“Congress was clear that 212(f) only gave authority for an entry ban, and not a visa issuance ban,” said Curtis Morrison, an immigration attorney with Red Eagle Law in California, who represents the plaintiffs. “So the judge definitely got that right. Now, let’s hope when it’s time for the administration to review the ban at the 90-day mark they do that in good faith, and it leads to a less restrictive ban that will allow plaintiffs with issued visas to enter.”
Under Judge Sooknanan’s order, the State Department must make “good-faith efforts” to process pending applications before the fiscal year deadline of September 30, when lottery winners lose eligibility. The government must also provide weekly updates to the court on the number of adjudicated cases.
The lawsuit, filed in July, challenged the administration’s interpretation of Trump’s proclamation, arguing that it unlawfully blocked diversity visa selectees who had already completed the required process. Thursday’s ruling ensures those applications can proceed, even if entry into the country remains restricted for now.
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