Immigration Lawyer Blog
In this video and blog post, we discuss a recent Supreme Court decision finding that U.S. Citizens do not have a fundamental right in having their noncitizen spouses admitted to the United States.
What is this ruling all about?
Department of State v. Muñoz
On June 21, 2024, the Supreme Court ruled in a 6-3 decision in Department of State v. Muñoz that U.S. citizens petitioning for their foreign spouses do not have a constitutional liberty interest in their spouses being admitted to the country.
What’s worse, the court upheld the doctrine of consular nonreviewability, which says that there can be no judicial review of a consular officer’s decision finding a visa applicant inadmissible, except in a very limited class of constitutional cases.
About the Case
The plaintiff in the case, Sandra Muñoz, married her husband, a Salvadoran citizen in 2010, and shared a U.S. Citizen child with him. Thereafter, her husband applied for an immigrant visa at the U.S. Consulate in El Salvador so that they could live together in the United States and sought a waiver of inadmissibility. He denied having any gang affiliations despite being heavily tattooed.
After undergoing several interviews, the consular officer denied his application, citing §1182(a)(3)(A)(ii), a provision that renders inadmissible a noncitizen whom the officer “knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in” certain specified offenses or “any other unlawful activity.”
The plaintiff’s husband assumed that he had been denied a visa based upon the erroneous finding that he was a member of the gang MS-13. He denied being a member and requested the Consulate to reconsider its findings.
After the consulate refused, they appealed to the Department of State, which ultimately agreed with the consulate’s determination.
The couple then sought Congressional intervention and sued the State Department, claiming that they violated the plaintiff’s constitutional liberty interest in her husband’s visa application by failing to give a sufficient reason why he was inadmissible under the “unlawful activity” bar.