Thirteen plaintiffs, including an immigration nonprofit, a legal clinic, and US citizens, filed a lawsuit against the Department of State (DOS) and Secretary of State Marco Rubio on Monday, seeking to overturn a visa ban recently instituted by President Donald Trump’s administration.
The new policy aims to prevent immigration “for nationalities at high risk of US public benefits reliance” and went into effect January 21.
Plaintiffs alleged the new policy “attempts to eviscerate decades of settled immigration law and practice with the stroke of a pen—stripping families of dignity, denying working people fair consideration, and supplanting Congress’s carefully calibrated framework with its own unlawful regime.”
The ban prevents legal immigration for nationals from 75 countries “whose migrants take welfare from the American people at unacceptable rates,” DOS wrote on January 14. “The freeze will remain active until the U.S. can ensure that new immigrants will not extract wealth from the American people.”
There are exceptions for dual citizens with a valid passport from a country not listed in the ban, children being adopted from listed countries, those with current visas from listed countries, or those applying for a tourist visa, according to the DOS website.
The lawsuit was brought on as a challenge under the Administrative Procedure Act (APA), arguing the new policy is “unlawful both on [its] face and as applied to Plaintiffs and their members and clients.” At least one plaintiff identified in their individual capacity had family members affected by the ban who were prevented from traveling to the US.
The APA governs the procedures of federal administrative law, including how federal agencies develop regulations, issue rules, and conduct adjudications.