At a glance
On Friday, September 25, 2026, Judge Jeannette A. Vargas of the U.S. District Court for the Southern District of New York turned down the government’s request to put her August 21 ruling on hold while it is appealed. That ruling struck down the State Department’s policy of refusing immigrant visas to nationals of 75 countries on “public charge” grounds.
Why it matters: the decision in Catholic Legal Immigration Network v. Rubio (often called CLINIC v. Rubio) stays fully in force for now. That includes the part requiring the State Department to take a fresh look at the more than 43,000 immigrant visa applications it refused solely because of the country-based pause. To stop that work while the appeal goes forward, the government would now have to ask the U.S. Court of Appeals for the Second Circuit.
This is a follow-up to our earlier coverage: The Missing October Visa Bulletin: Three Restrictions, One Court Fight, and Where the Visa Numbers Go and Immigrant Visa Interviews in 2026: Untangling the Bans, Pauses, and What Comes Next. When we published on September 25, the stay request was still pending.
What did the judge decide?
After the government filed its notice of appeal on September 10, it asked the district court to freeze the judgment. Reports on the filings say it asked for the whole judgment to be put on hold or, at a minimum, the part requiring consulates to revisit refused cases.
Judge Vargas said no. In deciding whether to pause a ruling during an appeal, a court weighs whether the requesting side is likely to win, whether it will suffer irreparable harm without a pause, how a pause would affect the other side, and the public interest. According to reporting on the order, the judge found that the government did not meet that standard. She concluded that the harm to applicants, and the public interest, weighed strongly against a pause. She pointed out that many applicants had been stuck for months even though they otherwise met every requirement.
The judge also reportedly rejected the government’s reliance on “consular nonreviewability,” the doctrine that usually keeps courts from second-guessing individual visa refusals. Her reasoning was that this lawsuit challenges a department-wide policy, not an individual officer’s decision on a single case.
How does this change where things stand?
| Issue | Before September 25 | After September 25 |
|---|---|---|
| 75-country immigrant visa pause | Struck down on August 21; government appealed on September 10 | Still struck down; the appeal continues |
| Government’s stay request | Pending in the district court | Denied by the district court |
| Review of refusals based only on the pause (43,000+ cases) | Required, but at risk of being frozen | Still required, unless the Second Circuit steps in |
| Next place the government can seek a pause | District court | Second Circuit Court of Appeals |
| Worldwide interview pause for public charge training | Separate policy, not addressed by this ruling | Unchanged by this ruling |
Who is affected?
- Applicants refused only because of their nationality: If your immigrant visa was refused solely under the 75-country pause, the court’s order still requires the State Department to revisit your case. Earlier State Department instructions reportedly directed posts to start with the oldest cases, request any missing documents in writing, re-interview applicants when needed, and complete a new public charge assessment.
- Family-based immigrants: Most family preference cases are processed at consulates, so these applicants are the largest group touched by the pause and by this ruling.
- Employment-based and investor applicants processing abroad: EB-3 and EB-5 cases processed through consulates can also be affected if the applicant is a national of one of the 75 countries.
- Nationals of the 39 travel-ban countries: This ruling does not touch Presidential Proclamation 10998, the separate travel ban. Some countries appear on both lists, and for those applicants the travel ban can still block a visa.
What is still unclear?
- Whether the government will go to the Second Circuit: That is the next available step, but as of this writing we have not confirmed that the government has filed a stay motion there, or when the appeals court might rule.
- How fast consulates will move: The court requires the refused cases to be revisited, but there is no public timeline for when individual applicants will hear back or be rescheduled.
- When interviews will restart worldwide: The separate worldwide pause on immigrant visa interview scheduling for public charge training is not part of this case. The State Department has not announced a restart date, so even applicants who benefit from the ruling may keep waiting.
- What this means for the October Visa Bulletin: As of Monday morning, the October 2026 Visa Bulletin still had not been posted on the State Department’s website. The State Department has not said whether the litigation is a factor.
- How strict the new public charge review will be: Revisited cases will get a fresh public charge assessment under current guidance, and outcomes will depend on each applicant’s individual circumstances.
What you can do now?
- Check your refusal notice: Look for whether your case was refused under section 221(g) or another ground tied to the country-based pause. That tells you whether you are likely part of the group the court ordered the State Department to revisit.
- Watch your email and CEAC status: Consulates may ask for documents in writing or schedule a new interview. Respond quickly and keep copies of everything you send.
- Strengthen your public charge evidence: Gather recent tax returns, current proof of income, and your sponsor’s Affidavit of Support documents. If the sponsor’s income is close to the minimum, think about adding a joint sponsor.
- Keep an eye on the Second Circuit: A stay from the appeals court could pause the review process again, so check for updates before making travel or relocation plans.
- Talk to an attorney if you are on both lists: If your country is covered by both the 75-country pause and the travel ban, get advice about whether any travel-ban exception or waiver may apply to you.
This article is for general information and is not legal advice. The situation is changing quickly, so please consult an immigration attorney about your specific case.
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