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Judicial Activism Sabotages Trump’s Efforts To Keep Migrants From Sponging Off Taxpayers

One Biden judicial appointee just thwarted the State Department to reopen America’s borders to nationals from 75 countries.

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On Friday, Federal District Judge Jeanette Vargas of the Southern District of New York — a Biden appointee — set aside the policy action of the State Department on Jan. 21, 2026, in which Secretary of State Marco Rubio had ordered a ban on issuing immigrant visas to nationals from 75 different countries. These countries were predominantly third-world countries, from which foreign nationals had been identified as high risks of becoming reliant on public welfare in the U.S. President Trump had pledged to end the taxpayer subsidization of legal and illegal immigrants, and this step from the State Department was a key mechanism in carrying out his agenda. 

Vargas’ order was technically an exercise of the vacatur power under the Administrative Procedure Act (APA), by which federal judges can vacate final actions of executive agencies if that action is determined by judicial review to be arbitrary or capricious, unconstitutional, violating procedure, or exceeding statutory grants of power to the agency.

Notably, even though the Supreme Court ruling in Trump v. CASA (2025) last summer clarified that federal district judges cannot constitutionally issue universal injunctions as a form of relief, that decision left open the vacatur power as a means by which judges can continue to thwart agency actions of the Trump administration. 

The Usual ‘Christian’ Suspects Strike Again

It’s worth noting who sued the Trump administration in this case. Not only did applicants for immigrant visas from the targeted countries sue, but their suit was supported by pro-immigration NGOs Catholic Legal Immigration Network and African Communities Together.

Just as in almost every previous case, the legal and NGO arms of the Catholic Church are found lobbying for unrestricted immigration against every action of the Trump administration. Under the Biden administration, Catholic Charities was one of the largest NGO recipients of funding – to the tune of more than $2 billion – for resettling migrants within the U.S. The U.S. Conference of Catholic Bishops (USCCB) has filed pro-migrant amicus briefs in multiple cases, such as recently against the president’s position on birthplace citizenship and ending TPS. And it’s not just the Catholic NGOs, but many Protestant and other “Christian” organizations, such as the ELCA’s Global Refuge, which are also responsible for funding, sponsoring, and enabling the migrant invasion into the U.S. 

The plaintiffs in the suit are a collection of immigrants in the U.S. (some naturalized as........

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