A federal judge has struck down a U.S. State Department policy that had paused the issuance of immigrant visas to nationals of 75 countries, including Haiti.
The ruling, issued August 21, 2026, means the January policy is no longer in effect. The State Department has confirmed that consular officers can no longer deny an immigrant visa solely because an applicant is a national of one of the 75 countries included in the pause.
U.S. District Judge Jeannette A. Vargas of the Southern District of New York ruled in CLINIC v. Rubio that the policy exceeded the Secretary of State’s legal authority. The policy had instructed consular officers to pause immigrant visa issuance based on concerns that applicants from the designated countries could become a “public charge” in the United States.
What This Means for Haitian Applicants
For Haitian nationals, the ruling removes one separate barrier that had prevented immigrant visa issuance.
The State Department says the January 2026 pause ended as of August 21. Visa applications must now be considered under the normal immigration laws rather than being automatically denied because Haiti appeared on the 75-country list.
However, the court ruling does not end the separate presidential travel restrictions affecting Haiti.
Haiti remains among the countries subject to full entry restrictions under Presidential Proclamation 10998, which took effect January 1, 2026. The proclamation fully suspended entry and visa issuance for nationals of 19 countries, including Haiti, with limited exceptions.
The proclamation also removed several categorical exceptions that had existed under the previous restrictions, including certain immediate-relative immigrant visas and adoption visas. Case-by-case national-interest waivers remain possible in limited circumstances, while lawful permanent residents and certain other categories are subject to separate exceptions.
Two Policies, Two Different Issues
The distinction is important.
The 75-country immigrant visa pause was a State Department policy based on nationality and public-charge concerns. Judge Vargas struck down that policy, and the State Department has confirmed that it is no longer in effect.
Proclamation 10998, however, is a separate presidential order imposing entry and visa restrictions on Haiti and other countries. The August 21 court ruling did not invalidate that proclamation.
As a result, the ruling does not automatically guarantee Haitian applicants an immigrant visa, restore Temporary Protected Status (TPS), or remove the existing presidential restrictions on entry.
Haitian applicants should therefore continue to consider both the remaining immigration-law requirements and the restrictions under Proclamation 10998 when determining whether they may qualify for a visa or an applicable exception.
This article provides general information and is not legal advice. Immigration cases can vary significantly, and applicants should consult a qualified immigration attorney regarding their individual circumstances.
