The Supreme Court rules against California woman whose husband was denied entry to US

2024-12-25 10:41:48 source:lotradecoin security category:Invest

WASHINGTON (AP) — The Supreme Court on Friday ruled against a California woman who said her rights were violated after federal officials refused to allow her husband into the country, in part, because of the way his tattoos were interpreted.

The 6-3 decision along ideological lines found that citizens don’t necessarily have the right to participate in federal government decisions about whether immigrant spouse s can legally live in the U.S.

“While Congress has made it easier for spouses to immigrate, it has never made spousal immigration a matter of right,” said Justice Amy Coney Barrett, reading from the bench the majority opinion joined by her fellow conservatives.

While a citizen “certainly has a fundamental right to marriage” Barrett said, “it is a fallacy to leap from that premise to the conclusion that United States citizens have a fundamental right that can limit how Congress exercises the nation’s sovereign power to admit or exclude foreigners.”

In a dissent joined by her liberal colleagues, Justice Sonia Sotomayor said that denying citizens the right to seek specific reasons about why their spouses are denied entry, “gravely undervalues the right to marriage in the immigration context.”

RELATED COVERAGE IndyCar heads to Laguna Seca with new faces in new cars as drivers jockey for jobs Workers sue Disney claiming they were fraudulently induced to move to Florida from California New coffee center in Northern California aims to give a jolt to research and education

The majority ruled against Los Angeles civil rights attorney Sandra Muñoz, who was last able to live with her Salvadoran husband nearly 10 years ago.

The couple started the process of getting an immigrant visa after they married in 2010. Luis Asencio-Cordero, who had been living in the U.S. without legal status, had to travel to the consulate in San Salvador to complete the process.

But once there, the consular officer denied his application and cited a law denying entry to people who could participate in unlawful activity.

The State Department would not give a more specific reason, but after filing a lawsuit they learned the refusal was based, in part, on a consular officer’s determination that his tattoos likely meant he was associated with the gang MS-13.

Asencio-Cordero has denied any association with any gang and has no criminal history. The tattoos, including Our Lady of Guadalupe, theatrical masks and a profile of psychologist Sigmund Freud, instead expressed his intellectual interests and Catholic faith, his lawyers said in court papers.

The U.S. 9th Circuit Court of Appeals sided with Muñoz and ordered the State Department to share the reason and reconsider the visa application.

That ruling was tossed out by the Supreme Court after the State Department appealed.

___

The Associated Press writer Fatima Hussein contributed to this report.

More:Invest

Recommend

Syrian rebel leader says he will dissolve toppled regime forces, close prisons

DAMASCUS — Syrian rebel leader Ahmad al-Sharaa — better known as Abu Mohammed al-Golani — told Reute

Arizona’s ban on transgender girls playing girls’ school team sports remains blocked, court says

PHOENIX (AP) — A federal appeals court has upheld a lower-court ruling that blocks Arizona from enfo

Dak Prescott beat Jerry Jones at his own game – again – and that doesn't bode well for Cowboys

Dak Prescott’s detractors will typically point to his lack of signature wins in the NFL. If only the