Supreme Court Case ‘Threatens Chaos’ to Immigration System

The Epoch Times Header

The justices will consider if tattoos thought to be associated with MS-13 are grounds for a consular officer to refuse a visa to a U.S. citizen’s husband.

A complex upcoming Supreme Court case could weaken a key tool the government uses in immigration law enforcement and throw the system into chaos, legal sources say.

The case at hand deals with the doctrine of “consular nonreviewability,” which is the legal principle that a consular official’s decision to refuse a visa to a foreigner is not subject to judicial review.

Cracking down on the doctrine would harm the immigration system and cripple its ability to conduct business, supporters of the nonreviewability principle say. Opponents, such as those who favor expanded immigration, say relaxing it respects constitutional rights and the institution of marriage.

The doctrine is a judge-made exception to the Administrative Procedure Act (APA), a federal statute enacted in 1946 that governs administrative law procedures for federal executive departments and independent agencies. The late U.S. Sen. Pat McCarran (D-Nev.) said the APA was “a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated in one way or another by agencies of the federal government.”

Decisions about who gets to enter the United States are vested in the legislative and the executive branches, not the judicial branch.

The U.S. Constitution gives Congress exclusive authority to create policies about the admissibility of individuals to the United States. At the same time, the legislative branch delegates the power to implement those policies to the executive branch.

On April 23, the Supreme Court will hear Department of State v. Munoz, which concerns spousal sponsorship.

Facts of the Case

Foreign citizens have minimal rights in the immigration process, so the Supreme Court is expected to focus on whether U.S. citizens have a constitutionally protected interest in visa petitions sponsoring their spouses.

The case is about Luis Asencio-Cordero, a Salvadoran citizen with no criminal record whose U.S. immigration visa was denied because a consular officer thought his tattoos indicated gang membership. His wife, U.S. citizen Sandra Munoz, challenged the consular decision in court, arguing that her rights as a citizen were violated.

The case goes back to 2005 when Mr. Asencio-Cordero first arrived in the United States. Ms. Munoz married him in 2010 and they had a child together who is a U.S. citizen. The husband was in the country illegally.

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

DOGE and Musk Recover Deleted Computer Files

Elon Musk and his “Geek Squad” discovered an entire terabyte of data was deleted from government servers from the office of the “Institute of Peace”.

A Simple Question

What is a woman? Anyone with an IQ above room temperature can answer the question. Everyone, that is, except Democrats.

Democrats Tesla Takedown is a Proven Astro Turf Movement

Elon Musk and other journalistic leaders like Joe Rogan have been asking the critical question, “Who is behind the organization of these Tesla protests?”

Can Ramaphosa and Trump Come to Terms?

Whether South Africa can quell the hostility emanating from Washington, without compromising on its national priorities, is a formidable test for a country

Maddened Europe

Viable prospects for peaceful settlement of conflict between Moscow and Kyiv exist, but Europe obsesses over threat of incursion onto European territory.

News

US Immigration Services Drops 3rd Gender Option

US immigration services agency officially updated policy to recognize only two biological sexes—male and female—for all immigration-related doc and benefit requests.

Transgender Covenant School Killer Planned Attack for Years, Final Police Report Says

Transgender shooter in mass killing at Christian school in Nashville, TN was an alumnus motivated by a quest for notoriety, final police report concludes.

Africa at Crossroads After $13 Billion US Aid Cut, Say Analysts

African countries reacted with shock when the U.S. government recently cut $13 billion in financial assistance.

Trump Admin Ordered to Restore Legal Aid for Unaccompanied Minors

Judge in CA ordered Trump admin to restore funding for nonprofits providing legal services to unaccompanied illegal immigrant children who entered US.

Val Kilmer, Star of ‘Top Gun’ and ‘Batman,’ Dies at 65

Actor Val Kilmer, best known for his roles in movies “Top Gun,” “The Doors,” and “Batman Forever,” died on April 1 at age 65, his daughter confirmed.

Princeton Says Trump Administration Has Suspended Dozens of Research Grants

Trump admin has suspended several dozen federally funded research grants to Princeton University as part of its investigation into campus anti-Semitism.

How Trump’s ‘Liberation Day’ Tariffs Are Set to Reshape Global Trade

President Donald Trump is set to announce reciprocal tariffs for all nations starting April 2, the date he has dubbed “Liberation Day.”

4 Takeaways From April 1 Elections in Florida, Wisconsin

Voters in FL and WI went to the polls to decide races that could significantly impact the composition of the U.S. House of Reps and the Trump agenda.
spot_img

Related Articles

Popular Categories

MAGA Business Central