NEW YORK – Senator James Emmanuel Nuquay’s attempt to overturn a U.S. State Department visa ban has been dismissed by the United States District Court for the Southern District of New York. The ruling, delivered on February 7, 2025, upheld the U.S. government’s authority to deny visas based on allegations of corruption.
Senator Nuquay, his wife Ruthtoria Brown Nuquay, and their minor daughter filed the lawsuit against U.S. Secretary of State Antony Blinken and other officials, challenging their designation under Section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act of 2023. This provision bars foreign officials from entering the United States if there is credible information linking them to significant corruption or gross human rights violations.
The plaintiffs argued that the visa restrictions were unjust and violated international agreements. They claimed the decision damaged Nuquay’s reputation and infringed on their right to travel. However, the court ruled that visa determinations made under Section 7031(c) fall within the State Department’s discretion and are not subject to judicial review.
In the decision, Judge Andrew L. Carter Jr. emphasized the legal principle of consular nonreviewability, which limits the judiciary’s ability to question decisions regarding the issuance or denial of visas. By granting the U.S. government’s motion to dismiss, the court rejected all of Nuquay’s claims and ended any further legal challenge on the matter.
Senator Nuquay’s legal team has not indicated whether they plan to explore other avenues to contest the ban. The ruling underscores the U.S. government’s continued use of visa restrictions as a tool to address corruption, reinforcing its position that such decisions remain within the executive branch’s authority.
With the case dismissed with prejudice, Nuquay is permanently barred from pursuing the same claim in U.S. courts, leaving the visa ban intact and highlighting the far-reaching implications of U.S. anti-corruption measures.
