Supreme Court Says Americans Can’t Sue if Their Non-Citizen Spouse is Denied a Visa Without a Reason
The U.S. Supreme Court has determined that U.S. citizens cannot sue if the government denies entry to their non-citizen spouses without providing a reason.
In a 6-3 decision on Friday, June 21, the court ruled that Sandra Munoz, a U.S. citizen and civil rights attorney, cannot challenge the U.S. Department of State’s refusal to grant a visa to her husband from El Salvador. The agency had taken three years to disclose that they suspected him of gang involvement.
Visa denials in the U.S. are generally not subject to judicial review unless constitutional rights are breached. This decision implies that non-citizen spouses can be denied visas without explanation, affirming that they do not have an inherent right to enter the U.S.
Munoz, who married her husband in 2010 and has a child with him, has been separated from him since 2015, as noted in court documents.
The Supreme Court rejected Munoz’s argument that the delay in providing a reason for the visa denial infringed upon her due process rights by interfering with her fundamental right to marriage.
Munoz filed a lawsuit against the State Department in 2017 after it refused to reconsider its initial denial and before it provided a reason for its decision. Her husband, with no criminal record and denying any gang ties, had gone to El Salvador to apply for the visa.
Justice Amy Coney Barrett, writing for the court, stated that Munoz’s claim involves more than just marriage and cohabitation; it includes the right for her non-citizen husband to enter and stay in the U.S.
This ruling overturns a 2022 decision by the 9th U.S. Circuit Court of Appeals in San Francisco that had revived Munoz’s lawsuit.
The Immigration Reform Law Institute, a conservative organization that supported the State Department, welcomed the ruling. Dale Wilcox, the group’s executive director and general counsel, commented that ruling in favor of Munoz would allow Americans marrying dangerous non-citizens to impose their choices on the public.
