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Immigration Lawyers Say the Biden Administration’s Supreme Court Win Was a Terrible Mistake

Immigration Lawyers Say the Biden Administration’s Supreme Court Win Was a Terrible Mistake

A recent order gave the government impunity to reject visa applications without an explanation or appeal. One attorney called it “an extraordinary measure of power and also an extraordinary lack of transparency.” Eric Lee, an immigration lawyer, has spent years working on behalf of Sandra Muñoz, a U.S. citizen, and her husband, Luis Asencio-Cordero, a citizen of El Salvador. The couple has been separated since 2015 after his application for a visa was rejected because he had tattoos that consular staff identified as gang-related. Lee, Muñoz and Asencio-Cordero have vehemently denied the allegations that he was ever part of a gang and that the tattoos are gang-related. The 9th U.S. Circuit Court of Appeals ruling came down in favor of the couple, but then the solicitor general filed to have the case brought to the Supreme Court. The Supreme Court ultimately ruled against Muñoz and Asencio-Cordero and gave the State Department approval to deny such applications without an explanation or opportunity for appeal.  Lawyers who argue on behalf of immigrants or those looking to gain entry to the country said the process of getting visas or other permits approved is a black box. If a State Department denial comes through, there’s no process of appeal or explanation, and those who advocate on behalf of immigrants say they can be decided incorrectly or based on arbitrary reasoning.

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