The U.S. has barred immigrants based on economic status since 1882. On January 21, 2026, the State Department suspended immigrant visa processing for 75 countries—more than a third of the world's nations—citing concerns that applicants might someday use public benefits. The pause affects green card applicants from Afghanistan to Uruguay, including spouses and children of U.S. citizens, with no announced end date.
The suspension marks a structural shift: previous travel bans targeted specific security threats from a handful of countries. This policy uses economic prediction—whether someone might become a 'public charge'—as grounds to freeze visa processing for nearly half the world's population. Research shows immigrants use welfare at lower rates than native-born Americans, but consular officers now have broad discretion to deny visas based on factors like age, English proficiency, and potential future healthcare needs.
Images from Openverse under Creative Commons licenses.
Videos from YouTube.
Key Indicators
75
Countries affected
Nations whose citizens cannot receive immigrant visas during the pause
0
End date announced
The suspension continues indefinitely while the State Department conducts a policy review
100,000+
Visas revoked since Jan 2025
Total U.S. visas revoked by State Department in first year of second Trump term
21%
Less welfare used by immigrants
Immigrants consume 21% less welfare than native-born Americans per capita, per Cato Institute research
People Involved
Donald Trump
President of the United States (Serving second term, began January 20, 2025)
Marco Rubio
Secretary of State (Serving since January 21, 2025)
Stephen Miller
Deputy Chief of Staff for Policy and Homeland Security Advisor (Serving since January 20, 2025)
Kristi Noem
Secretary of Homeland Security (Serving since January 25, 2025)
Organizations Involved
U.
U.S. Department of State
Federal Agency
Status: Implementing immigrant visa pause
Controls visa issuance at U.S. consulates worldwide; implemented the 75-country pause on consular authority rather than presidential proclamation.
U.
U.S. Department of Homeland Security (DHS)
Federal Agency
Status: Coordinating immigration enforcement; proposed new public charge rule
Oversees immigration enforcement, border security, and benefits adjudication through ICE, CBP, and USCIS.
Timeline
Immigrant Visa Pause Takes Effect
Implementation
Consulates worldwide stop issuing immigrant visas to nationals of 75 countries. Applicants may still submit applications and attend interviews, but no visas will be issued during the pause.
State Department Announces 75-Country Visa Pause
Policy
The State Department halts immigrant visa processing for nationals of 75 countries deemed at high risk of public benefits usage. No end date announced.
Travel Ban Expands to 39 Countries
Executive Action
New proclamation adds 20 countries to travel restrictions, including Caribbean nations with citizenship-by-investment programs. Effective January 1, 2026.
DHS Proposes New Public Charge Rule
Policy
DHS publishes proposed rule rescinding Biden's 2022 regulations and giving officers broad discretion to define public charge. Comments close January 2, 2026.
State Department Cable Expands Public Charge Screening
Policy
A cable to all consular posts instructs officers to weigh health, age, English proficiency, finances, and potential future healthcare needs when determining public charge likelihood.
Proclamation 10949 Restricts 19 Countries
Executive Action
Trump issues travel restrictions on 12 countries with full bans (including Afghanistan, Haiti, Iran, Somalia) and 7 with partial bans.
Trump Signs Day-One Immigration Orders
Executive Action
Hours after inauguration, Trump signs orders declaring a border emergency, suspending refugee admissions, reinstating 'Remain in Mexico,' and attempting to end birthright citizenship.
Biden Administration Halts Expanded Rule
Policy
The Biden administration stops enforcing the 2019 public charge rule. In 2022, it codifies the 1999 definition in regulation.
Trump Administration Expands Public Charge Definition
Policy
DHS publishes final rule expanding public charge to include non-cash benefits like SNAP, Medicaid, and housing assistance. The rule also considers whether applicants are 'likely' to use benefits in the future.
Supreme Court Upholds Travel Ban
Legal
In Trump v. Hawaii, the Court rules 5-4 that the president has broad authority to regulate immigration and rejects claims of anti-Muslim bias.
First Trump Travel Ban Signed
Executive Action
Executive Order 13769 suspends entry from 7 Muslim-majority countries. Courts issue injunctions within days. Over 700 travelers detained, 60,000 visas provisionally revoked.
INS Issues First Formal Public Charge Definition
Policy
The Immigration and Naturalization Service defines public charge as 'primarily dependent on government for subsistence,' limited to cash assistance or long-term institutionalization.
Congress passes legislation barring entry to anyone 'unable to take care of himself or herself without becoming a public charge.' The term remains undefined for over a century.
Scenarios
1
Pause Lifts After 6-12 Months with Stricter Screening
Discussed by: Immigration attorneys at Murthy Law Firm, Boundless, and Fragomen
The State Department completes its review and resumes processing with enhanced public charge criteria codified in the November 2025 proposed rule. Applicants from affected countries face additional documentation requirements and higher denial rates, but processing resumes. This mirrors the pattern of Trump's first-term travel bans, which were modified and narrowed over time while core restrictions remained.
2
Federal Courts Block Pause on Procedural or Constitutional Grounds
Discussed by: ACLU, immigration policy analysts, legal experts cited in Boundless and immigration law blogs
Advocacy groups file suit arguing the indefinite cessation of visa processing exceeds administrative discretion, violates the Administrative Procedure Act, or unconstitutionally burdens family reunification rights of U.S. citizens. A federal judge issues an injunction similar to the 2017 travel ban challenges, though the Supreme Court's 2018 Trump v. Hawaii ruling gives the administration significant deference.
3
Pause Becomes Permanent De Facto Ban
Discussed by: Migration Policy Institute, Economic Policy Institute analysis
The 'policy review' continues indefinitely with no announced end date. DV-2026 lottery winners from affected countries lose their selections when the September 30, 2026 deadline passes. Family-based petitioners wait years in limbo. The pause functions as a permanent ban without being formally designated as one, avoiding the legal scrutiny applied to explicit bans.
4
Diplomatic Retaliation Escalates into 'Visa War'
Discussed by: Policy analysts cited in Editorialge analysis
Affected nations impose reciprocal restrictions on American travelers. Mali has already announced a $10,000 visa bond for U.S. citizens. If more countries follow, disruption to tourism and business travel forces the administration to negotiate exemptions or modifications. The 2026 FIFA World Cup and 2028 Olympics create pressure to resolve conflicts with participating nations.
Historical Context
Immigration Act of 1924 (National Origins Act)
May 1924
What Happened
Congress passed legislation establishing national-origin quotas that allocated 85% of immigration slots to Northern and Western Europe while effectively banning Asian immigration entirely. The law used the 1890 census—chosen specifically to reduce Southern and Eastern European immigration—and created the first formal visa system requiring consular approval before arrival.
Outcome
Short Term
Immigration from Southern and Eastern Europe dropped sharply. Japan protested the effective ban on Japanese immigration as a violation of the Gentlemen's Agreement, straining U.S.-Japan relations.
Long Term
The quota system remained largely intact until 1965, when the Hart-Celler Act eliminated national-origin quotas. The 1924 framework shaped American demographics for four decades.
Why It's Relevant Today
Like the 1924 Act, the 2026 pause uses ostensibly neutral criteria—economic self-sufficiency rather than national origin—that disproportionately affect specific regions. Both represent attempts to reshape immigration demographics through administrative mechanisms rather than explicit ethnic criteria.
Trump v. Hawaii Travel Ban Litigation (2017-2018)
January 2017 – June 2018
What Happened
Trump's first travel ban sparked immediate legal challenges. Federal judges in multiple states issued injunctions. The administration revised the order twice, eventually producing a proclamation covering 8 countries that survived court review. The Supreme Court ruled 5-4 that the president has broad authority to restrict entry for national security reasons.
Outcome
Short Term
Over 700 travelers were detained after the initial order. 60,000 visas were provisionally revoked. Implementation was chaotic until the third version took effect.
Long Term
The Supreme Court's deference to executive authority on immigration set precedent for the current administration's expanded restrictions. Biden revoked the ban on his first day; Trump reinstated and expanded it on his.
Why It's Relevant Today
The 2018 ruling established that courts will defer to executive immigration decisions citing national security or foreign policy, even if critics allege discriminatory intent. The current pause invokes economic rather than security rationale, which may face different legal scrutiny.
Public Charge Rule Expansion (2019-2021)
August 2019 – March 2021
What Happened
The Trump administration expanded the public charge definition to include non-cash benefits like SNAP, Medicaid, and housing assistance. The rule also directed officers to predict whether applicants were 'likely' to use benefits based on age, health, English ability, and education. Multiple courts issued injunctions before the rule took effect in February 2020.
Outcome
Short Term
Research found a 'chilling effect' as eligible immigrants avoided benefits out of fear. Program participation dropped twice as fast among noncitizens as citizens during the rule's brief implementation.
Long Term
Biden rescinded the rule in 2021 and codified the 1999 definition in 2022. The November 2025 proposed rule seeks to return to the expanded approach with even broader officer discretion.
Why It's Relevant Today
The 2026 visa pause applies the same predictive public charge logic but at scale: rather than adjudicating individual cases, it freezes processing for entire countries based on aggregate assumptions about their nationals' future benefit use.
