Countries that refuse or unreasonably delay accepting the return of their nationals who have been ordered removed from the United States are labeled "recalcitrant." Immigration and Nationality Act section 243(d) [8 U.S.C. 1253(d)] (INA 243(d)) provides for "discontinuance" of visa issuance as a penalty for countries that refuse to take back their "citizens, subjects, nationals, and residents" who have been ordered deported from the United States. The scope of any visa discontinuation order is usually tailored to the individual country.
There is no centralized public listing of countries subject to INA 243(d).
Background on INA 243(d)
Text of INA 243(d)/8 USC 1253(d)
(d) Discontinuing Granting Visas to Nationals of Country Denying or Delaying Accepting Alien. On being notified by the Attorney General that the government of a foreign country denies or unreasonably delays accepting an alien who is a citizen, subject, national, or resident of that country after the Attorney General asks whether the government will accept the alien under this section, the Secretary of State shall order consular officers in that foreign country to discontinue granting immigrant visas or nonimmigrant visas, or both, to citizens, subjects, nationals, and residents of that country until the Attorney General notifies the Secretary that the country has accepted the alien.
On April 22, 2019, DOS published a final rule on INA 243(d) visa issuance discontinuation, effective that same date. Prior to that, consular officers had been implementing INA 243(d) on sanctioned countries through policy guidance alone. 84 FR 16610 (April 22, 2019) revised 22 CFR 41.121(a) to reference discontinuation of nonimmigrant visas under INA 243(d), and added 22 CFR 41.123 to give consular officers direction on scope and procedural aspects. Parallel provisions modify and add sections to 8 CFR Part 42 regarding discontinuation of immigrant visas, at 22 CFR 42.81 and 22 CFR 42.84. According to the preamble of the final rule, these revisions to the regulations clarify under INA 243(d), "the consular officer may discontinue granting (i.e., suspend issuance of) a visa... in the manner described in the two new sections."
The section on discontinuance of nonimmigrant visa issuance provides:
22 CFR 41.123 Discontinuance of Granting Nonimmigrant Visa Pursuant to INA 243(d).
(a) Grounds for discontinuance of granting a visa. Consular officers in a country subject to an order by the Secretary under INA 243(d) shall discontinue granting nonimmigrant visas for categories of nonimmigrant visas specified in the order of the Secretary (or his or her designee), and pursuant to procedures dictated by the Department.
(b) Discontinuance procedure-
(1) Applications refused or discontinued only. Starting on the day the Secretary's (or designee's) order to discontinue granting visas takes effect (effective date), no visas falling within the scope of the order, as described by the order, may be issued in the referenced country to an applicant who falls within the scope of the order, except as otherwise expressly provided in the order or related Department instructions. Beginning on the effective date, a consular officer must refuse the visa if the individual is not eligible for the visa under INA 212(a), INA 221(g), or other applicable law, but if the applicant is otherwise eligible, must process the application by discontinuing granting, regardless of when the application was filed, if the applicant falls within the scope of the order and no exception applies. The application processing fee will not be refunded. The requirement to discontinue issuance may not be waived, and continues until the sanction is terminated as described below.
(2) Geographic applicability. Visa sanctions under INA 243(d) only apply to visa issuance in the country that is sanctioned. If a consular officer has a reason to believe that a visa applicant potentially subject to INA 243(d) sanctions is applying at a post outside the sanctioned country to evade visa sanctions under INA 243(d) (e.g., the applicant provides no credible explanation for applying outside the country), the consular officer will transfer the case to the consular post in the consular district where INA 243(d) sanctions apply, review any other applicable Department instructions, and proceed accordingly. When cases are transferred to a consular district where INA 243(d) sanctions apply, the adjudication will be subject to the discontinuation of issuance under the sanctions.
(c) Termination of sanction. The Department shall notify consular officers in an affected country when the sanction under INA 243(d) has been lifted. After notification, normal consular operations may resume consistent with these regulations and guidance from the Department. Once the sanction under INA 243(d) is lifted, no new application processing fee is required in cases where issuance has been discontinued pursuant to an INA 243(d) order, and consular officers in the affected post must adjudicate the visa consistent with regulations and Department guidance. Consular officers may require applicants to update the visa application forms, must conduct any necessary adjudicatory steps, and may re-interview the applicant to determine eligibility.
The DOS Foreign Affairs Manual (FAM) provides a description about the general scope and mechanics of INA 243(d) visa issuance discontinuation orders, at 9 FAM 601.12.
On January 29, 2025, the Laken Riley Act (S.5, 119th Congress (2025-2026), became Public Law No: 119-1 (January 29, 2025)) added a new paragraph (e) to follow INA 243(d)/8 USC 1253(d) that creates a possible cause of action allowing the attorney general of a U.S. State "or other authorized State officer," to sue the Secretary of State, when the U.S. State alleges a failure of the Secretary of State to discontinue visa issuance for countries designated "recalcitrant" under INA 243(d)/8 USC 1253(d). New section INA 243(d)/8 USC 1253(e) reads:
"(e) Enforcement by attorney general of a State
The attorney general of a State, or other authorized State officer, alleging a violation of the requirement to discontinue granting visas to citizens, subjects, nationals, and residents as described in subsection (d) that harms such State or its residents shall have standing to bring an action against the Secretary of State on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable. For purposes of this subsection, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100."
Some features of INA 243(d)
- An INA 243(d) visa discontinuation order is principally geographic in nature; it directs consular officers in a specific foreign country to discontinue granting visas to "citizens, subjects, nationals, and residents of that country."
- It does not necessarily prohibit issuance of visas to individuals who are not citizens, subjects, nationals, and residents of that country, such as visitors who wish to apply for a visa as third-country nationals.
- A citizen, national, or resident of a subject country might be able to obtain a visa at a U.S. consular post in a third country, but only if the applicant has a credible explanation for applying outside the home country, and is not applying in the third country "to evade visa sanctions under INA 243(d)."
For more background on INA 243(d), also see the Congressional Research Service (CRS) In Focus Report, Immigration: "Recalcitrant" Countries and the Use of Visa Sanctions to Encourage Cooperation with Alien Removals (last revised July 10, 2020).