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Immigration News Alert
Federal Court Blocks State Department’s Public Charge Visa Pause in EB-5 Case
On July 31, 2026, the U.S. District Court for the District of Columbia ruled in De Moura Gomes v. Rubio that the State Department’s Public Charge Policy violated the Immigration and Nationality Act (INA) by overriding consular officers’ statutory authority to make individualized visa determinations.
Public Charge Visa Pause in EB-5 Case
Why the Court Objected
The court held that the INA requires consular officers to assess each immigrant visa applicant individually when determining whether the applicant is likely to become a public charge. The policy instead required consular officers to refuse immigrant visa applications covered by the policy pending the development of new public charge screening procedures.
What This Means
The ruling applies directly to the plaintiffs in the case and requires the State Department to adjudicate their immigrant visa application under existing law. The court did not order visa issuance but emphasized that any decision must be based on an individualized review by a consular officer.
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