Federal Judge Refuses To Dismiss Lawsuit Against Rubio
A federal court has rejected the Trump administration’s motion to dismiss a lawsuit filed by three foreign nationals against U.S. Secretary of State Marco Rubio, allowing the case to move forward over alleged delays in EB-1A visa processing.
The plaintiffs — a Kazakh metallurgist, a Russian project manager, and a Russian makeup artist — applied for EB-1A visas, reserved for individuals with “extraordinary abilities,” but have been stuck in administrative processing for more than 16 months.
Under § 221(g) of the Immigration and Nationality Act, consular officers may place visas on hold pending additional information. The plaintiffs argued that the prolonged delay has caused severe personal and professional hardships, including separation from family and interruptions to career plans. For instance, Lyazat Tolymbekova missed her U.S. citizen daughter’s college graduation and could not assist her during a medical crisis.
The government sought dismissal on the basis of consular nonreviewability, which typically shields consular decisions from judicial scrutiny, and sovereign immunity.
Magistrate Judge Zia M. Faruqui rejected both arguments, noting that a § 221(g) refusal is not a final decision, as the State Department informs applicants that cases will be re-adjudicated. Faruqui emphasized that nonreviewability applies only to final determinations and that injunctive relief is permitted under the Administrative Procedure Act (APA).
The judge ruled that the State Department has a “clear, nondiscretionary duty” to issue or deny visas once applications are properly filed, citing regulations and the Accardi doctrine, which requires federal agencies to follow their own procedures. While the judge did not determine whether the delays were unreasonable, the decision allows the lawsuit to proceed and potentially force the State Department to issue a final determination.
Trump-Brazil Relations Update
In separate news, President Donald J. Trump reported a “positive” phone call with Brazilian President Luiz Inacio Lula da Silva, discussing trade and tariffs. Lula requested that Trump remove the 40% tariff on Brazilian exports and lift restrictions on local governments, and both leaders agreed to meet in person soon, potentially during the ASEAN Summit in Malaysia.
Trump praised the conversation, noting “excellent chemistry” with Lula. The call comes after Trump initially imposed a 40% tariff increase — following earlier 10% minimum duties — as retaliation linked to the U.S.’s response to Brazil’s handling of former President Jair Bolsonaro’s legal issues.
Brazilian officials, including Finance Minister Fernando Haddad, Vice President Geraldo Alckmin, and Foreign Minister Mauro Vieira, confirmed the discussion was cordial. Brazilian markets have been watching closely, given the impact of tariffs on key exports and trade relations.
The phone call is the latest sign of Trump’s efforts to rebuild strong diplomatic and economic ties in South America while maintaining pressure on nations affected by prior U.S. sanctions.