A federal judge in New York has vacated a Trump administration policy that suspended the processing of visas from 75 countries, including Afghanistan, Iran, Russia and Somalia, whose nationals the Trump administration deemed likely to require public assistance in the United States.
U.S. District Judge Jeannette Vargas, an appointee of former President Joe Biden, set aside the policy Friday as “contrary to law and in excess of statutory authority.”
Secretary of State Marco Rubio exceeded his authority by issuing the policy, which “runs afoul” of the Immigration and Nationality Act by mandating "the refusal of visas to eligible applicants without any basis in law,” the judge ruled.
Vargas said the policy also undermines the congressional requirement that puts consular officers at the forefront of any visa decision.
“Congress imbued these officers with exclusive authority and discretion to determine if an immigrant is eligible for a visa based upon review of specific and detailed criteria set forth in the statute,” she wrote. “The Policy, which categorically prohibits the issuance of immigrant visas based upon the nationality of the applicant, represents a direct abrogation of this statutory scheme."
The policy was challenged by two nonprofit organizations along with 11 individuals, including six whose family members had been refused visas. The remaining five are outside the country and had filed “employment-based petitions” to come to the United States.
“We welcome this ruling because, at its heart, this case is about keeping families together,” said Anna Gallagher, the executive director of CLINIC, a national nonprofit that provides training, resources, and support to a network of immigration legal service providers and was one of the plaintiffs.
“Catholic social teaching calls us to uphold the dignity of every person and recognize the family as the foundation of society,” she said in a statement. “This decision affirms both those values and the rule of law, allowing families to once again move forward toward reunification.”
Another plaintiff is African Communities Together, a Harlem-based nonprofit. One of its leaders called the ruling “a tremendous victory for the rule of law."
“This unlawful and racist ban caused immeasurable harm, cruelly keeping families and loved ones apart,” Diana Konate, deputy executive director for policy and advocacy, said in a statement. “Today, we are elated to tell our community members: this ban is no more.”
President Donald Trump has imposed a growing list of immigration and travel bans mostly for people from Africa, Asia and Latin America. The State Department said Saturday that the Trump administration is “protecting the American people by upholding the highest standards of screening and vetting of visa applicants,” and that it would not comment on pending litigation.
At the time the policy was issued, the State Department said it had instructed consular officers to halt immigrant visa applications from the 75 countries in accordance with a broader order in November that tightened rules around potential immigrants who might become “public charges.” Relying on Council of Economic Advisers data, the State Department said that more than 30 percent of households with immigrants from these countries received some form of public assistance.
A separate notice sent to all U.S. embassies and consulates said that non-immigrant visa applicants also should be “fully vetted and screened” for the possibility that they might seek public benefits in the United States.
The cable, a copy of which was obtained by The Associated Press, noted several times that the applicant must prove they won't apply for public benefits while in the U.S., and that consular officers who suspect the applicant might apply should require them to fill out a form proving their financial bona fides.
The ruling is the latest example of the courts upending Trump’s immigration agenda. In June, a federal judge struck down a Trump administration policy that made it harder for immigrants from dozens of countries to enter and stay in America — affecting elements like asylum, work permits, green cards, and citizenship applications. That judge said the policy threw countless immigrants’ lives “into indeterminate legal limbo,” and accused the U.S. Citizenship and Immigration Services of ignoring the law.
Secretary of State Marco Rubio arrives with Austrian Foreign Minister Beate Meinl-Reisinger, not shown, to the Treaty Room at the State Department, Tuesday, Aug. 11, 2026, in Washington. (AP Photo/Tierney L. Cross)
WASHINGTON (AP) — The United States imposed 50% tariffs on $20 billion worth of Canadian products early Saturday, and Canada said it would retaliate beginning Sept. 8 after last-ditch negotiations failed to resolve the latest strain in relations between the historic allies.
President Donald Trump’s import taxes will hit about 5% of what Canada ships to the United States every year, including products ranging from hockey sticks to tongue depressors.
Carney said that “in the coming days, we will release the details of these new tariff measures, which will come into force the Tuesday after Labor Day.” The dollar-for-dollar retaliation would target steel, dairy, appliances, agricultural equipment, pulp and paper and electronics, he said from Ottawa.
He disclosed that Canada had been willing to drop remaining retaliatory tariffs on steel, aluminum and autos if the United States substantially lowered its own, and to encourage provinces to restore U.S. alcohol sales. But he said Washington’s final demands went too far, saying, “They asked too much and offered too little,” Carney said.
Trump's top trade negotiator, Jamieson Greer, said the Republican administration was offering to cut tariffs on steel, autos and lumber, “things that are sensitive for them. And they’ve always had the best deal, and they still would have an even better deal, but they didn’t want that," he told "Fox & Friends Weekend.
He added: “We’re moving forward with measures that respond to Canadian retaliation.”
The moves also call into question the future of a North American trade agreement covering the United States, Canada and Mexico that is crucial to industry in all three countries.
Carney said the U.S. added last-minute terms that would have reduced tariff relief for Canadian-made vehicles, restricted Canada’s ability to strike trade deals with other countries and weakened protections for language, culture and sovereignty. He said such demands were “unacceptable."
But Greer, the U.S. trade representative, said that after a year of retaliation by its longtime ally, “We’ve said enough, and so we’ve taken countermeasures. Our interest is in protecting American workers and protecting American supply chains.”
No further talks are planned.
The breakdown in negotiations marked a sharp reversal from two days earlier, when officials from the two countries sounded as if they were headed toward a compromise.
Carney said Ottawa would “hit back” with targeted tariff protection for industries exposed to the new U.S. duties, including some steel products.
Ontario Premier Doug Ford, who leads Canada’s most populous province, backed Carney’s response, saying the prime minister had his “full support” for retaliation “tariff for tariff, dollar for dollar” and that “everything needs to be on the table.”
The political impact will likely be even bigger than the economic fallout. The countries sold each other $880 billion worth of goods and services last year.
The tariffs were initially supposed to kick in at 12:01 a.m. Wednesday. Trump extended the deadline for three days to allow talks to continue, but the countries could not reach an agreement in time.
The U.S. and Canada have wrangled for decades over trade, poking each other over sore spots such as Canadian softwood lumber imports and U.S. access to Canada’s protected dairy market.
Somehow, they still managed to remain friends, allies and trading partners. Canadian soldiers fought alongside Americans in Afghanistan after 9/11. The 5,525-mile U.S.-Canada border is undefended, and nearly 330,000 people and $2 billion worth of goods cross it every day; 800,000 Canadians live in the United States.
Trump’s approach to dealing with Canada marks an extraordinary departure from the traditionally cooperative relationship between the two countries. Trump has imposed tariffs on Canadian goods in a push to bring manufacturing back to the United States and made inflammatory comments about turning Canada into America’s 51st state.
Carney said Canada had recognized that “America has changed” and that the two countries would “not return to our old relationship.”
The Canadian public is fed up. A petition to expel U.S. Ambassador Pete Hoekstra, a Trump ally, has collected nearly 248,000 signatures since July 21. It accuses the former Republican congressman from Michigan of having “normalized’’ Trump’s talk of annexing Canada, among other things.
The two countries had good reasons to find a compromise.
Nearly 72% of Canada’s goods exports last year went to the United States. The Trump administration might be wary of imposing new tariffs — paid by U.S. importers who try to pass along the cost to consumers via higher prices — before the November’s midterm elections. American voters are already frustrated with the high cost of living.
“Canada likely wanted further sector-specific relief than the U.S. was willing to offer, or Canada’s concessions did not go far enough,'' said Ryan Majerus, a partner at King & Spalding and a former U.S. trade official. "Either way, I think both sides will be under immense pressure in the coming days to still find an off-ramp. But if Canada has agreed to also impose tariffs, the off-ramp may be even harder to find.”
Candace Laing, president and CEO of the Canadian Chamber of Commerce, called the tariffs “a body blow to North American competitiveness” and warned they would raise costs for Americans while threatening Canadian customers, investment and small businesses.
Trump has made tariffs the centerpiece of his second-term economic agenda. Last year, he imposed double-digit import taxes on almost every country, justifying them by declaring the long-standing U.S. trade deficit a national emergency. The Supreme Court in February ruled that he had overstepped his authority. The justices struck down the trade penalties and set the stage for the federal government to pay refunds to importers.
So Trump has looked for other legal authority to justify tariffs.
To punish Canada, he reached back to the Great Depression, invoking Section 338 of the Tariff Act of 1930 to threaten 50% tariffs on products that account for about 5% of Canadian exports to the United States.
Nearly a century ago, with the U.S. and world economies in collapse, Congress passed the 1930 tariff law, imposing taxes on imports from around the world. Known as the Smoot-Hawley tariffs after their congressional sponsors, they are notorious among economists and historians for limiting world commerce and making the Great Depression worse.
Section 338, which has never been used before to impose tariffs, authorizes the president to slap import taxes of up to 50% on imports from countries that have discriminated against U.S. businesses. No investigation is required to justify the levies. Nor is there any limit on how long they can stay in place.
The rift comes as the United States, Mexico and Canada are trying to renew a trade agreement that Trump negotiated in his first term and once praised as a triumph. The United States has begun formal talks with Mexico over revamping the US-Mexico-Canada Agreement, known as USMCA. But talks with Canada have not begun and escalating trade conflict casts doubt on whether they will.
“Canada told the Americans in advance that if these tariffs landed, it would stop negotiating and retaliate,'' said Barry Appleton, senior fellow at the Center for International Law at New York Law School. ”The American trade representative said publicly he would not tolerate retaliation. Both sides have now committed themselves in public, which is how escalation stops being a choice.''
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Gillies reported from Toronto. Associated Press writer Michelle L. Price contributed to this report.
President Donald Trump speaks with reporters before boarding Air Force One, Friday, Aug. 21, 2026, at Joint Base Andrews, Md., en route to South Carolina. (AP Photo/Jacquelyn Martin)
Rolled coils of steel sit in the yard at the ArcelorMittal Dofasco steel plant in Hamilton, Ont. on Thursday, Aug. 20, 2026. (Nick Iwanyshyn /The Canadian Press via AP)
FILE - Canada Prime Minister Mark Carney and President Donald Trump hold a press conference at the White House in Washington, D.C., Oct. 7, 2025. (Adrian Wyld/The Canadian Press via AP, File)
Rolled coils of steel sit in the yard at the ArcelorMittal Dofasco steel plant in Hamilton, Ont. on Thursday, Aug. 20, 2026. (Nick Iwanyshyn /The Canadian Press via AP)
President Donald Trump walks on the Ellipse as he arrives on Marine One near the White House, Friday, Aug. 21, 2026, in Washington. (AP Photo/Manuel Balce Ceneta)
