Supreme Court Bars US Citizens from Challenging Spouse Visa Denials

The Supreme Court has ruled 6-3 that federal courts cannot overturn visa denials for spouses of American citizens, even if the couple cannot live together in the United States. The ruling, written by Justice Amy Coney Barrett, stated that U.S. citizen spouses do not have a constitutional right to bring their noncitizen spouses into the country. This decision marks a loss for Sandra Muñoz, who sued the State Department after her husband, Luis Asencio-Cordero, was denied a visa due to his tattoos being considered gang-related.

The couple had been separated since 2015, and Muñoz argued that the government violated their constitutional rights by failing to provide a timely explanation for the visa denial. The 9th Circuit Court of Appeals had ruled in favor of the couple in 2022. The government maintained that immigration officers have broad discretion in these decisions and that revealing specific evidence could slow processing and compromise information-sharing with foreign partners. The Supreme Court's decision reinforces the authority of consular officers in such matters.