The Supreme Court of the United States has ruled that U.S. citizens cannot challenge visa denials for their non-citizen spouses in court.
Key Ruling Details
In a 6-3 decision issued on Friday, the Court reinforced Congress’s extensive authority to establish immigration laws and the executive branch’s role in implementing these laws. The ruling affirms that migrants do not have a constitutional right to contest visa denials.
Justice Amy Coney Barrett, writing for the majority, stated, “We hold that a citizen does not have a fundamental liberty interest in her noncitizen spouse being admitted to the country.”
The Case of Sandra Munoz
The case was brought by Sandra Munoz, a U.S. citizen, who argued for the right to sue to allow her husband, Luis Ascencio-Cordero, a citizen of El Salvador, entry into the United States. The U.S. Department of State denied his visa application due to suspected gang affiliations.
Ms. Munoz claimed her case was exceptional because the visa denial infringed on her marital rights, contending she should be allowed to prove her husband is not associated with the MS-13 gang. However, Justice Barrett concluded that the law does not support such claims.
Dissenting Opinion by Justice Sotomayor
Justice Sonia Sotomayor dissented, arguing that the decision undermines the fundamental right to marriage. She referenced the court’s landmark Obergefell ruling on same-sex marriages, emphasizing that Munoz has a constitutionally protected interest in her husband’s visa application due to its impact on her marital rights.
“Munoz has suffered harm from the denial of Asencio-Cordero’s visa application, but that harm does not give her a constitutional right to participate in his consular process. Munoz has a constitutionally protected interest in her husband’s visa application because its denial burdened her right to marriage,” Sotomayor wrote.
Sotomayor stressed that the fundamental right to marriage includes more than just being a couple—it encompasses the right to build a home and raise children together. She argued that this right obliges the government to provide more than a mere perfunctory denial.
Broader Implications
Analysts highlight that this ruling affects thousands of similar cases. Last year, the State Department approved 11 million visas and denied 62,000 applications, including 5,400 from individuals seeking to reunite with U.S. citizen partners.
The case showcased an unusual alignment between the Biden administration and advocates for stricter immigration enforcement.
This ruling has significant implications for U.S. citizens with non-citizen spouses, reinforcing the limited scope of judicial review in immigration matters and underscoring the extensive powers of Congress and the executive branch in determining immigration policy.
