The measure is presented as part of an effort to Prevent new immigrants from relying on welfare and public benefits in the United Statesan argument that the government describes in terms of preventing the immigration system from being “abused” by those who could become a “public charge.
Around the World Newsletter
In November of last year, the Government of President donald trump ordered the consulates of USA around the world apply guidance that instructs denying visas to applicants who are considered likely to depend on public aid.
According to the guide, consular officials must evaluate, on a case-by-case basis, whether the applicant has financial resources and the ability to support itself without resorting to public assistance programs.
Among the elements that the guide orders to consider are: health and chronic medical conditions that could lead to high long-term care costs (for example, diabetes, obesity, cardiovascular diseases, cancer, respiratory conditions, neurological or mental health diseases). Applicant’s age, English proficiency and work capacity, economic and financial situation (including income and assets), history of public assistance use in the United States.
The full list of 75 countries with immigrant visa suspension includes: Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Ivory Coast, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyzstan, Laos, Lebanon, Liberia, Libya, North Macedonia, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan and Yemen.
The Commerce spoke about the scope of the administration’s decision Trump with the Peruvian lawyer Ysabel Lonazco, specialized in immigration issues, who resides in Utah and runs the Lonazco Law firm.
The Peruvian lawyer Ysabel Lonazco.
-What exactly does “suspend visa processing” mean from a legal point of view?
A visa is authorization from the United States government for admission to the country. There are non-immigrant visas, which are temporary – such as the B-2 tourist visa or the F-1 student visa – and immigrant visas, which allow access to permanent residence. The latter can be obtained through family ties, employment, asylum, cancellation of deportation, the visa lottery, among other categories.
Suspending visa processing means, in simple terms, stopping the processing of applications to legally enter the United States. From a legal point of view, the United States has what is known as “plenary power” in immigration matters, that is, a very broad authority to decide who can enter the country, under the provisions of the Immigration and Nationality Act (INA).
Section 212 (f) of that law gives the president the power to temporarily suspend the entry of foreigners—or certain categories—if he considers that their entry would be detrimental to the interests of the country.
-Is this measure comparable to an “immigration veto” or is it something different?
In practice, it is a manifestation of the plenary power of the Executive. It allows limiting or blocking the entry of foreigners when the government considers that their entry affects the national interest. In that sense, it can be understood as a form of immigration veto.
-Which visa categories are really suspended and which continue to operate?
Immigrant visas are suspended, that is, those that lead to obtaining permanent residence. Temporary visas, for now, are not part of this general suspension.
US President Donald Trump signs executive orders in the Oval Office of the White House in Washington, DC, on January 20, 2025. (Jim WATSON / AFP).
/
-What happens with cases that were already in an advanced stage or with a scheduled interview?
For the moment, everything is suspended. There are no clear exceptions announced. However, it is very likely that this measure will be challenged in court, so the scenario could change in the coming weeks or months.
-Can people with approved but not yet issued visas be affected?
There is no detailed information on exceptions yet. The initial interpretation is that, even if a visa has already been issued, the person may not be admitted upon entering the United States under that visa.
-What immediate consequences does this suspension have for families who were waiting for permanent residence?
The impact is enormous, especially in terms of due process. Many families will be separated for longer. Residency processes for work or family usually take between two and three years, and this suspension leaves thousands of people who were already waiting for an appointment to reunite with their loved ones in legal limbo.
-Is it possible to file class actions or appeals against this measure?
Definitely yes. I anticipate that a lawsuit will be filed in the coming weeks. In fact, there is already active litigation against a first wave of visa suspensions, indicating that this new measure will also be taken to court.
Immigration and Customs Enforcement (ICE) and other federal agents remove a woman from her vehicle in Minneapolis, Minnesota. (Photo by Octavio JONES / AFP).
/
-Why does President Trump’s government select certain countries and not others?
The selection is usually based on several factors: the level of cooperation of foreign governments with the United States, the rates of immigration violations of their citizens and national security considerations.
-How solid is the figure of “public charge” as a legal argument?
The figure of “public charge” is contemplated in the Immigration and Nationality Law. Evaluates whether the person who wishes to immigrate could depend on public benefits and if they have the ability to support themselves financially. All immigrants who obtain permanent residency have a sponsor who signs a contract with the government (Form I-864), agreeing to be responsible for the immigrant. Additionally, most newly arrived permanent residents do not qualify for government assistance.
-What should people from the affected countries who were planning to legally immigrate to the United States do today?
Immediately consult with an immigration attorney to evaluate your particular situation and possible legal alternatives.
-What would have to happen for the United States to lift this suspension?
It is too early to determine its definitive legality. Ultimately, it will be a decision that will likely fall to the federal courts of the United States.
