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Supreme Court rules against Los Angeles couple denied visa in part over husband’s tattoos

Supreme Court rules against Los Angeles couple denied visa in part over husband’s tattoos

The U.S. 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. The conservative majority, led by Justice Amy Coney Barrett, said that while the plaintiff, L.A. civil rights attorney Sandra Muñoz, does have a fundamental right to marriage, she had failed to establish that her right extends to living with her husband in the U.S. 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.S.  The couple sued, and learned through their lawsuit that the government believed he was an MS-13 member based on his tattoos, an interview and a background check including “confidential law enforcement information.” Asencio Cordero had no criminal history in the U.S. or in El Salvador. A long-established judicial policy — the doctrine of consular nonreviewability — prevents court reviews of visa determinations except in limited cases. 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. The National Immigrant Justice Center said the decision will make litigation by families in similar situations all but impossible. So while Muñoz and Asencio Cordero eventually got a basic explanation for his visa denial, others might never get such information.

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