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.
