- Federal courts have split rulings on visa freezes affecting applicants from seventy-five different nations.
- A total of twenty-three countries overlap between the public charge freeze and the security entry ban.
- Judge Mehta ruled the freeze unlawful on August fourth, but relief currently only applies to individual plaintiffs.
Federal courts have split the 75-Country Immigrant Visa Freeze and the 39-Country Entry Ban, leaving applicants from 23 countries caught in both. On August 4, U.S. District Judge Amit Mehta ruled the freeze unlawful, and on August 14 the First Circuit partially stayed relief tied to the separate ban. The fight is not over.
The Public Charge pause took effect January 21, 2026, after an announcement on January 14. It applies only to immigrant visas processed at consulates abroad. The State Department said, "The State Department will pause immigrant visa processing from 75 countries whose migrants take welfare from the American people at unacceptable rates. The freeze will remain active until the U.S. can ensure that new immigrants will not extract wealth from the American people." Not H-1B.
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Presidential Proclamation 10998 took effect January 1, 2026, after being signed December 16, 2025. It cites national security and deficient vetting and information-sharing, and it expanded an earlier 19-country ban to 39 nations. The White House fact sheet said, "We are protecting our nation and its citizens by using rigorous, security-focused screening and vetting procedures to ensure that individuals approved for a visa do not endanger national security or public safety." Nineteen countries face a full ban. Twenty face a partial ban. The split is uneven.
Analysis from the National Foundation for American Policy and legal guidance from NAFSA puts the overlap at 23 countries. Dual nationals who apply with a valid passport from a country not on the 75-country list are exempt from the pause. USCIS has also used a Hold and Review policy for some benefit applications filed by citizens of the 39-country list already in the U.S. The gates differ.
Mehta said the Immigration and Nationality Act calls for individualized assessments of public charge risk, not a blanket refusal based only on nationality. In De Moura Gomes v. Rubio, he ruled the freeze unlawful on August 4, 2026. The relief now reaches only the individual plaintiffs. Not nationwide.
One restriction is an administrative pause tied to public-charge screening. The other is a security proclamation. One stops consular processing of immigrant visas. The other reaches immigrant and non-immigrant visas, then splits again into full and partial categories. Different doors. Same pressure.
The overlap reaches 23 countries
| Policy | Who it hits | Effect |
|---|---|---|
| 75-country freeze | Immigrant visa applicants at consulates abroad | Processing paused |
| 39-country ban | Immigrant and non-immigrant applicants | Entry suspended; visa issuance blocked unless a waiver is granted |
| Overlap | Dual-impacted nationals from 23 countries | They face both screens at once |
| Named overlap examples | Afghanistan, Burma, Republic of the Congo, Eritrea, Haiti, Iran, Laos, Libya, Nigeria, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Yemen | Among the countries named in the overlap notes |
For applicants from overlapping countries, a security waiver does not end the case. The State Department may still refuse to print the immigrant visa because of the 75-country public-charge freeze. Advocates describe that as a "redundant barrier." The barrier still bites.
On August 14, the First Circuit Court of Appeals issued a partial stay in Dorcas Intl. Institute of Rhode Island v. USCIS. That lets USCIS resume re-reviewing approved benefits for people who entered after January 20, 2021, while the full appeal continues. The categorical pause on adjudications remains vacated for now.
