Skip to content

SCOTUS Rules Against Allowing Non-Citizen Spouses Citizenship Without Visa

This pivotal decision by SCOTUS not only upholds our constitutional framework on immigration, but also dampens Biden's plans.

In a landmark 6-3 ruling, SCOTUS firmly stated that an American citizen does not possess a fundamental liberty interest in having their noncitizen spouse admitted to the United States. This decision, penned by Justice Amy Coney Barrett, strikes a blow against the increasingly popular notion that immigration law can be sidestepped on the grounds of marital ties, particularly when those ties could compromise national security.

The case of Department of State v. Munoz centers on Luis Asencio-Cordero, whose visa application was denied due to suspected ties to the notorious MS-13 gang—a decision underscored by national security interests. The crux of the matter is that Asencio-Cordero’s wife, Sandra Munoz, a U.S. citizen, claimed that the denial of her husband’s visa infringed upon her Fifth Amendment liberties. However, Justice Barrett deftly dismantled this argument, affirming that Munoz’s subjective desire to live with her husband in the U.S. does not eclipse the established regulatory framework governing spousal immigration, nor does it align with our nation’s traditions or historical practices.

What we see here is a clear reaffirmation of congressional authority over immigration, which includes the right to impose admissibility standards to protect American citizens. This ruling counters the disturbing trend where personal grievances attempt to override the collective good, and it underscores the principle that entry into the United States is a privilege determined by law, not a right afforded by marital status.

SCOTUS: The Law Comes Before Emotional Appeals, Political Pressure

Interestingly, this decision arrives amid Biden‘s controversial proposal to create pathways for illegal immigrant spouses of U.S. citizens to remain in the country legally. This plan, affecting an estimated 500,000 individuals, demonstrates a stark contrast in perspectives on immigration between the current administration and the Supreme Court’s interpretation of the law.

The majority’s opinion is a testament to the idea that the security and well-being of the American people should not be compromised by individual demands. The ruling supports the view that immigration policies must be governed by a clear, lawful process rather than emotional appeals or political pressures. It’s a necessary stance in today’s climate, where the integrity of our borders and the effectiveness of our laws are being tested.

Justice Barrett’s analysis emphasizes the importance of maintaining a rigorous and principled approach to immigration, reflecting a judicial understanding that is acutely aware of the potential dangers of diluting our legal standards. This decision not only upholds the rule of law but also serves as a prudent reminder of the need for steadfastness in the face of challenges to our national security and sovereignty. This case isn’t merely about a family reunion; it’s a pivotal moment for U.S. immigration policy and its faithful adherence to our constitutional framework.

Robert Chernin

Robert Chernin

Robert B. Chernin has brought his years of political consulting and commentary back to radio. As a longtime entrepreneur, business leader, fundraiser and political confidant, Robert has a unique perspective with insights not heard anyway else. Robert has consulted on federal and statewide campaigns at the gubernatorial, congressional, senatorial, and presidential level. He served in leadership roles in the presidential campaigns of President George W. Bush as well as McCain for President. He led Florida’s Victory 2004’s national Jewish outreach operations as Executive Director. In addition, he served on the President’s Committee of the Republican Jewish Coalition. Robert co-founded and served as president of the Electoral Science Institute, a non-profit organization that utilizes behavioral science to increase voter participation and awareness. Robert can be heard on multiple radio stations and viewed on the “Of the People” podcast where you get your podcasts.