SCOTUS Rules U.S. Citizens Cannot Review Spouses’ Visa Denial

 Posted on August 12, 2024 in Immigration

Immigration laws and rules seem to be changing at a dizzying pace. Early in August, an appeals court issued a ruling that would allow spouses of H-1B visas to work in the United States until their work visas are in place. This was good news for thousands of people—and their employers.

On the "not-so-great" side, the Supreme Court recently ruled that U.S. citizens have no fundamental liberty interest in their non-citizen spouses’ ability to be admitted to the United States. This means the citizen spouse is not constitutionally entitled to a review of the visa refusal.

Below are more details regarding this latest SCOTUS ruling. It can be extremely beneficial to speak to a knowledgeable Bloomingdale, IL immigration attorney from Mevorah & Giglio Law Offices. Attorney Steven H. Mevorah has been serving the needs of immigrants throughout Northern Illinois for more than 40 years.

Background Information for the SCOTUS Ruling

The case that led to this decision, Department of State v. Munoz, concerns U.S. Citizen Sandra Munoz and her Salvadoran husband, Luis Cordero. The two—who have a daughter together—have been separated for almost 10 years since Cordero was denied an immigrant visa in 2015. The couple were married in 2010, and then in 2013, Munoz petitioned for her husband to become a lawful permanent resident.

DHS agreed the marriage was bona fide and conducted a thorough background check to determine that Cordero posed no risk. Everything seemed to fall into place, and Cordero was asked to take part in a consular interview in El Salvador. His wife has not seen him since. No visa was issued, and no explanation for the denial was provided.

Without knowing why Cordero had been refused a visa, his wife had little to go on, although her suspicion was that the decision was based on her husband’s tattoos—none of which indicated gang affiliation. Unable to obtain any information regarding why her husband had been denied a visa and thus unable to refute any inaccurate information, the case eventually found its way to the United States Supreme Court. The questions in the case were:

• Does a consular officer’s refusal of a visa to a U.S. citizen’s non-citizen spouse infringe on the constitutionally protected interest of the citizen?
• If such a constitutional interest exists, does notifying the actual non-citizen applicant that they are inadmissible provide that due process?

What did the Supreme Court Justices Say?

In a 6-3 decision, the court held that Sandra Munoz has no liberty interest in her husband's visa application. Many believe that saying a U.S. citizen spouse has no liberty interest in living with their partner is an outright attack on the right to marriage. The consulate’s only response was that a person could be deemed inadmissible to the U.S. if there is any reason to believe that person might commit any crime at some point in the future. Writing for the dissent, Justice Sonya Sotomayor said in part, "Munoz has a constitutionally protected interest in her husband’s visa application because the denial burdened her right to marriage…" The majority of the Justices believed that once the husband left the country, the marriage "ceased to matter," and the Government owed her no explanation.

Advocates, immigrants, and their families are now concerned about the negative consequences this decision will have in the future. For example, if a visa is refused by a consular officer, the citizen spouse will have no way of knowing whether the refusal was legitimate, whether it was due to a mistake, or whether the issue was blatant bias under current immigration laws. What seems clear is that the Supreme Court has attacked the Due Process Clause, the rights of immigrants, and the right to marriage, all in one fell swoop.

Contact an Experienced DuPage County, IL Immigration Attorney

While this latest decision may adversely affect many immigrants, it is worth noting that immigration laws and rules can change virtually overnight, depending on the current administration and the makeup of Congress. Whatever your immigration issue may be, having a Naperville, IL immigration attorney as your advocate can make a significant difference in the outcome. An attorney from Mevorah & Giglio Law Offices is waiting to offer skill, knowledge, and compassion, working hard to achieve the desired goal. Call 630-932-9100 to schedule your free consultation.