The Supreme Court has repeatedly recognized that Congress’s plenary power over immigration applies with most force in the admission and exclusion of aliens—persons who are not U.S. citizens or nationals—who seek to enter or remain in the United States. Congress has delegated executive branch agencies specific responsibilities concerning the nation’s immigration laws, including vesting the State Department authority over the issuance, refusal, and revocation of visas for aliens seeking to travel to the United States. Under Section 1202 of Title 8 of the U.S. Code, two categories of visas are issued to individuals applying for admission into the United States: nonimmigrant and immigrant. Nonimmigrant visas allow people to visit the United States temporarily and for a specific purpose; immigrant visas are issued to foreign nationals who intend to live and work in the United States permanently. An individual who applies for either type of visa may be issued or refused the visa before entering the United States. Securing either type of visa serves as evidence of permission to travel to the United States but without a guarantee of admission at a U.S. port of entry. Both immigrant and nonimmigrant visas may potentially be revoked at any time, including after the visa holder travels to the United States. 8 U.S.C. § 1201(i). Further, an individual present in the United States whose nonimmigrant visa is revoked may be deportable. 8 U.S.C. § 1227(a)(1)(B). Different Administrations have adopted large-scale visa issuance, refusal, revocation, and restriction policies. Recently, the Trump Administration revoked over 100,000 visas, paused diversity immigrant visa issuances, and paused immigrant visa issuances to nationals of 75 countries. The Trump Administration has also set requirements or conditions for certain visas (e.g., requiring visa applicants to post bond or make their social media profiles public). At the same time, the Administration has prioritized certain visa applicants—including for those visiting the United States for the 2026 World Cup, for example—by allowing them to expedite visa appointments. In 2025, the executive branch reportedly revoked or terminated thousands of student visas under a policy known as “Catch and Revoke,” in which the Departments of State and Homeland Security collaborated to monitor thousands of individuals who were allegedly misusing their visas and placed some of these individuals in removal proceedings after revoking their visas. Many of these actions have been the subject of litigation. This report explores the executive branch’s broad authority and discretion to issue, refuse, and revoke visas and the legal parameters on its use. Specific exercises of this authority, such as the State Department’s recent revocation of thousands of nonimmigrant student visas or pause on the issuance of immigrant visas to nationals of certain countries, have prompted legal challenge. Congress has numerous options if it wishes to address the scope of authority it has delegated to the executive branch regarding visas, including by constraining or expanding the categories of visa-related determinations subject to judicial review or by amending the current framework governing the issuance and revocation of visas.
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