US federal court declares suspension of special visa applications for Afghan citizens illegal

Ahmad Shaker Tue Feb 2026 7 months ago 1079

Judge Tanya Chutkan of the Washington, D.C. district court stated in her ruling that the indefinite suspension of Special Immigrant Visa application reviews conflicts with laws passed by the U.S. Congress and prior federal court decisions. According to her, executive agencies have no right to unilaterally halt processes that lawmakers have ordered to be expedited.


This ruling was issued in the case titled "Rubio v. Afghan and Iraqi Allies" and requires the Trump administration to provide and implement a specific timeline for reviewing and deciding on Special Immigrant Visa applications.


Although restrictions on the entry of Afghan nationals into the United States remain in place, the court emphasized that these restrictions cannot prevent the immediate start of the evaluation process for Special Immigrant Visa applications.


This judicial decision supports Afghan citizens who, over the past years, have worked alongside U.S. forces and U.S. government-affiliated institutions in Afghanistan and, due to their collaboration, have faced serious security threats; however, their immigration cases have remained unresolved for an extended period.


Kimberly Grano, attorney for the International Refugee Assistance Project, welcomed the ruling, stating that the court's recent decision challenges the Trump administration's efforts to disregard the United States' legal obligations. She emphasized that this situation not only constitutes a clear violation of judicial orders but also endangers the lives of hundreds of Afghan citizens.


According to her, a large number of these applicants have been waiting for years—and in some cases more than a decade—for their applications to be reviewed, and the recent ruling serves as a reminder of the United States government's legal and moral responsibility toward its former allies.

A United States federal court has ordered the Trump administration to immediately resume the processing of Special Immigrant Visa (SIV) applications for Afghan citizens without delay. This decision was issued following a lawsuit filed by several Afghan citizens and organizations advocating for immigrants' rights.

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