Supreme Court Holds 6–3 That Certain Visa Decisions Cannot Be Challenged

The Epoch Times Header

The issue was ‘consular nonreviewability,’ the legal principle that a consular official’s denial of a visa cannot be fought in court.

The Supreme Court on June 21 denied an appeal aimed at allowing U.S. citizens, whose spouses were denied immigrant visas, an opportunity to challenge those denials in court.

The 6–3 decision, which held that a U.S. citizen does not have a legal right to bring her foreign citizen spouse to the country, was written by Justice Amy Coney Barrett. Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissented.

The ruling was handed down days after President Joe Biden unveiled a new policy that allows immigrant spouses of American citizens to apply for permanent resident status without leaving the United States.

“The steps I’m taking today are overwhelmingly supported by the American people, no matter what the other team says,” the president said in an apparent reference to Republicans critical of his immigration policies.

“The reason is simple: It embraces the American principle that we should keep families together,” President Biden said on June 18.

In the case, Department of State v. Munoz, the Court upheld the doctrine of “consular nonreviewability,” which is the legal principle that a U.S. consular official’s decision to refuse a visa to a foreigner is not subject to judicial review.

At the same time, the court found that a U.S. citizen “does not have a fundamental liberty interest in her noncitizen spouse being admitted to the country.”

A liberty interest consists of an individual’s right to do or not do anything, as one wishes. The liberty interest is based on due process rights. Laws may curb an individual’s liberty interest but only to advance narrow, compelling governmental interests.

Immigration restrictionists had worried that the Court might limit the doctrine, which they say would harm the immigration system and cripple its ability to process applications. Those who favor expanded immigration have said relaxing it would respect constitutional rights and the institution of marriage.

By Matthew Vadum

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Columns

More Proof, the Democratic Party is Imploding!

Jason Pizzo, the leading Democrat in the Florida Senate announced his departure from the Democratic Party saying he sees the party as dead in Florida.

American Psychiatric Association vs. MAHA: Shots Fired

When Trump formed the MAHA Commission, the parameters were so reasonable that it was hard to imagine how the biomedical establishment could object.

Evaluating Foreign Affairs’ Warning About The Risks Of An Emboldened & Remilitarized Germany

Foreign Affairs warned earlier this month that an emboldened...

9 Things to Know About UK Supreme Court Ruling on Sex, Gender

Britain’s highest court has ruled that the words “woman” and “sex” refer to “a biological woman and biological sex,” in a landmark decision.

Chinese Exporters Begin to Feel Pain of Tariffs as Containers Stack Up

China’s exporters are scrambling to find domestic buyers for their consumer goods as orders from the U.S. have dried up during an escalating trade war.

News

Court Ruling Limits Ozempic Copies in Favor of FDA, Novo Nordisk

Federal court ruled against trade group representing compounding pharmacies, siding with FDA and Novo Nordisk in dispute over copies of Ozempic and Wegovy.

Judge Blocks Removal of Potential Deportees From Texas District

Federal judge temporarily restrained Trump admin from removing individuals from Southern District of Texas in attempt to deport Venezuelan gang members under the Alien Enemies Act.

Former Rep. George Santos Sentenced to More Than 7 Years in Prison

Former Rep. George Santos (R-N.Y.) was sentenced on April 25 to more than 7 years in federal prison on wire fraud and aggravated identity theft charges.

Dozens of House Democrats Seek Answers on DOGE Report

House Dems sent letter to Trump admin seeking answers regarding “whistleblower report” from federal labor board staffer with allegations against DOGE.

FBI Arrests Wisconsin Judge Hannah Dugan Over Obstructing, Kash Patel Says

FBI arrested a Milwaukee County, Wisconsin, circuit judge for allegedly assisting an illegal immigrant in evading arrest, FBI Director Kash Patel said.

Former New Mexico Judge, Wife Arrested Over Alleged Evidence Tampering

Inmate bookingreports released by Doña Ana County Detention Center show Judge Cano and his wife were arrested for evidence tampering.

Prosecutors File Notice to Seek Death Penalty for Luigi Mangione

Prosecutors filed notice of intent to seek the death penalty for Luigi Mangione, accused of murdering UnitedHealthcare CEO Brian Thompson in NY in Dec 2024.

Judge Blocks Trump Admin Effort to Remove DEI From Public Schools

Before deadline for states to certify DEI programs have ended in public schools, a federal court halted Trump admin’s requirement, siding with NEA teachers’ union.
spot_img

Related Articles