State Department Rescheduled Immigrant Visa Appointments After the 75-Country Ruling; Court Orders a Compliance Report

On Sept. 10, 2026, the government filed a notice of appeal in CLINIC v. Rubio, No. 1:26-cv-00858-JAV (S.D.N.Y.), ECF No. 98, taking the Aug. 24, 2026 judgment — a partial judgment entered under Federal Rule of Civil Procedure 54(b), since other claims in the case remain pending — to the U.S. Court of Appeals for the Second Circuit. As of Sept. 13, 2026, the district court's own docket shows no motion for a stay pending appeal and no stay has been entered there; we have not been able to independently confirm the status of any stay request in the Second Circuit itself. Separately, the government has argued that Federal Rule of Civil Procedure 62(a) automatically stays proceedings to enforce the judgment for 30 days after it was entered, through Sept. 23, 2026 — an argument about pausing enforcement steps, not about undoing the underlying ruling, which the State Department has told the court it treats as "fully operative." In a filing on Aug. 28, the Department also confirmed that its Bureau of Consular Affairs "is rescheduling immigrant-visa appointments" — to allow time to coordinate guidance implementing the ruling and to account for "updated procedures in applying the public-charge ground of inadmissibility." The government described that as temporary rescheduling through Aug. 31. The plaintiffs disputed both the scope and that end date, noting it did not appear in the Department's sworn declaration and that appointments scheduled after Aug. 31 were also canceled. On Aug. 31 the court granted the plaintiffs' emergency motion to enforce its judgment in part and ordered a status report. The Department filed it on Sept. 8: more than 43,000 immigrant visa applications are subject to the court's vacatur and remand, the Department has rescheduled many immigrant visa appointments globally through September 2026 as part of a training initiative and to identify affected cases, and there is "no fixed date by which reconsideration of all affected applications will be completed" — cases will move on a rolling basis, and individual applicants may be asked for updated documents, an updated medical exam, or an additional interview. If an immigrant visa interview was canceled or moved, that is not a denial and not necessarily permanent — confirm your appointment directly with the consulate, and talk to us before changing travel plans or filing anything in response.