!!!SCOTUS: Spouses of U.S. Citizens Can’t Stay If Visa’s Denied!!!

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The United States Supreme Court ruled that US citizens do not have the right for non-citizen spouses to get legal status if the visa is denied.

Joe Biden’s administration announced a plan to give amnesty and Rushed citizenship to citizens’ spouses. The only limitation is that they must have been here illegally for at least ten years. This ruling could affect that ‘rule.’

The Democrat administration likely broke the law. They can’t legislate from the White House, but he does.

THE DECISION

The decision was written by Justice Amy Coney Barrett for the majority, and Luis Asencio Cordero, who sought to live with his wife in the US, could not since his visa was denied. It was rejected because he was tied to the MS-13 gang.

It was a 6-3 decision. The leftist Justices wanted to give him that right.

There is no fundamental right.

Biden rushed his new rule allowing amnesty and citizenship to spouses of citizens. This might affect that, not that Biden’s administration will care. They broke the law on paying off college tuition and boasted about it.

The case involved Luis Asencio-Cordero and his wife, Sandra Munoz.

“Because of national security concerns, the consular officer did not disclose the basis for his decision. And because Asencio-Cordero, as a noncitizen, has no constitutional right to enter the United States, he cannot elicit that information or challenge the denial of his visa,” Justice Barrett wrote, adding that Munoz, as a US citizen, filed a challenge to the consular officer’s decision.

“She reasons as follows: The right to live with her noncitizen spouse in the United States is implicit in the ‘liberty’ protected by the Fifth Amendment; the denial of her husband’s visa deprived her of this interest, thereby triggering her right to due process; the consular officer violated her right to due process by declining to disclose the basis for finding Asencio-Cordero inadmissible; and this, in turn, enables judicial review, even though visa denials are ordinarily unreviewable by courts.”

Barrett wrote that “Munoz’s argument fails at the threshold. Her argument is built on the premise that 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.'”

Barrett sounds like an Originalist here, but she didn’t in the gun case, which we will put up soon. Although, the decision was fine.


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