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The U. Supreme Court voted 6 to 3 on Friday against a Los Angeles woman who argued that her constitutional rights were violated when the federal government denied a visa to her Salvadoran husband, in part because they viewed his tattoos as gang-related. The broad ruling is a major setback for Americans with foreign spouses, because it explicitly rejects the idea that a citizen has a constitutional right to attempt to bring their noncitizen spouse into the country. April 23, Luis Asencio Cordero, who lived in the U.
The couple sought to file a new visa application with evidence they said refuted his alleged membership in the MS gang, and wanted assurance that the federal government would review it. The government said it denied the visa due to concerns that Asencio Cordero would be likely to engage in unlawful activity if he were allowed back into the U. He denies they are gang-related, and a court-approved gang expert agreed. A long-established judicial policy — the doctrine of consular nonreviewability — prevents court reviews of visa determinations except in limited cases.
The 9th Circuit Court of Appeals ruled in favor of the couple in Immigration officers have broad discretion about whom to admit into the country, administration lawyers said. They also said that requiring the government to disclose specific details about the evidence and intelligence used in such decisions would slow processing, pose a risk to public safety and could chill future information-sharing with foreign partners.
But the dispute over tattoos and what role they played in the visa denial was not decisive for the justices. Sotomayor said she did agree with conservative Justice Neil M. That a married couple could move elsewhere does not suddenly remove the burden of not being able to live together in the U. She cited Loving vs. Virginia, the ruling that struck down state bans on interracial marriage. Same-sex couples may be forced to relocate to countries that do not recognize same-sex marriage, or even those that criminalize homosexuality.
