In a ruling that strikes at the heart of a recent executive action by the Biden Administration, the Supreme Court has ruled 6-3 that having a US citizen spouse does not constitutionally guarantee a non-citizen admittance into the country.
Future Ilhan Omars (and their brothers) hardest hit!
American Sandra Muñoz sued the federal government after her husband, Luis Asencio-Cordero, an MS-13 gang member, was denied a visa by U.S. Citizenship and Immigration Services in 2015 due to 'unlawful activity' the immigration officer suspected based on a gang affiliation tattoo he spotted on the El Salvador native during the interview ...
In the majority opinion, Justice Amy Coney Barrett noted that Muñoz's argument 'fails at the threshold' because it does not prove 'the right to bring her noncitizen spouse to the United States is an unenumerated constitutional right.'
'To establish this premise, she must show that the asserted right is ‘deeply rooted in this Nation's history and tradition.' She cannot make that showing. In fact, Congress's longstanding regulation of spousal immigration — including through bars on admissibility — cuts the other way,' Barrett wrote.
So, the Court isn't saying that non-citizen spouses will NOT be allowed. But they are simply asserting that it's not an automatic ticket into the country.
Other factors should and must be considered.
It's a trope as old as time. Illegal immigrant marries legal citizen to get green card. The oldest immigration loophole in the book. This ruling questions the legitimacy of that rule.
This strikes at an executive action announced by Biden last week granting something close to amnesty for nearly half a million illegal aliens who have entered the country via this pathway.
From The Federalist:
The Supreme Court's rebuke of Muñoz's case does not directly involve Biden's latest action, but its detailed takedown does suggest that Democrats' attempt to usher in amnesty for hundreds of thousands of noncitizens has no constitutional standing.
This just throws a major bombshell into the immigration debate as 2024 heats up.
SCOTUS will be dropping more opinions soon, so buckle up.
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