This week, the Supreme Court ruled by a 6-3 vote in Department of State v. Munoz that a citizen does not have a fundamental liberty interest in her noncitizen spouse being admitted to the country. The issue in this case was whether a member of the international criminal organization should be allowed into the United States after he married an American. He is allegedly a member of the MS-13 gang, known for their vicious killings.
The ruling involves American citizen Sandra Munoz, who sued the State Department for the right to bring her MS-13 husband to the US to live with her.
Respondent Sandra Muñoz is an American citizen. In 2010, she married Luis Asencio-Cordero, a citizen of El Salvador. The couple eventually sought to obtain an immigrant visa for Asencio-Cordero so that they could live together in the United States. Muñoz filed a petition with U. S. Citizenship and Immigration Services to have Asencio-Cordero classified as an immediate relative. (See 8 U. S. C. §§1151(b)(2)(A)(I), 1154(a)(1)(A).) USCIS granted Muñoz’s petition, and Asencio-Cordero traveled to the consulate in San Salvador to apply for a visa. (See §§1154(b), 1202.)
After conducting several interviews with AsencioCordero, a consular officer denied his application, citing §1182(a)(3)(A)(ii), a provision that renders inadmissible a noncitizen whom the officer “knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in” certain specified offenses or “any other unlawful activity.”
Asencio-Cordero guessed that he was denied a visa based on a finding that he was a member of MS–13, a transnational criminal gang. So he disavowed any gang membership, and he and Muñoz pressed the consulate to reconsider the officer’s finding. When the consulate refused, they appealed to the Department of State, which agreed with the consulate’s determination. Asencio-Cordero and Muñoz then sued the Department of State and others (collectively, State Department), claiming that it had abridged Muñoz’s constitutional liberty interest in her husband’s visa application by failing to give a sufficient reason why Asencio-Cordero is inadmissible under the “unlawful activity” bar.
Guess which three justices ruled that he be admitted since he has an absolute right to enter the country and cannot be kept out just because he is a member of MS-13? If you guessed Sonya Sotomayor, Elena Kagan and Ketanji Jackson. Basically, they decided that Americans do not have the right to keep dangerous foreigners out of the country if they can find an American to marry them.
VISIT OUR YOUTUBE CHANNELFurthermore, an action by Joe Biden has many speculating that there was another leak of a SCOTUS decision.
The US Supreme Court on Friday ruled in a 6-3 decision in the DEPARTMENT OF STATE v. MUNOZ that the US is not required to admit immigrant spouses of American citizens in a case involving an MS-13 gang member.
In the Department of State v Munoz opinion the Court ruled that “a citizen does not have a fundamental liberty interest in her noncitizen spouse being admitted to the country.”
Curiously, just three days ago, Joe Biden issued a bizarrely specific Executive Order related to immigrant spouses of American citizens.
“The Biden administration on Tuesday announced an executive action allowing certain undocumented spouses and children of US citizens to apply for lawful permanent residency without leaving the country – a sweeping election-year move that could offer deportation protections to hundreds of thousands of people.” CNN reported this week.
Did someone leak the Supreme Court’s decision to the Biden White House?
“Somebody at the White House was clearly tipped off about the unannounced Supreme Court decision, which explains why the White House rushed out such a shoddily written and argued new executive order to open the border even more: the Biden regime knew how the Supreme Court was going to rule, and it sought to pre-empt the court with its absurd EO.” The Federalist’s Sean Davis said.
