Episode description

In this case, the court considered this issue: Does the denial of a visa to the non-citizen spouse of a U.S. citizen infringe on a constitutionally protected interest of the citizen and, if so, did the government properly justify that decision in this case?   

The case was decided on June 21, 2024.

The Supreme Court held that a U.S. citizen does not have a fundamental liberty interest in her noncitizen spouse being admitted to the country. Justice Amy Coney Barrett authored the majority opinion of the Court.

The doctrine of consular nonreviewability holds that federal courts generally cannot review visa denial decisions made by consular officers, but there may be a narrow exception for decisions that abridge fundamental constitutional rights (the Court assumed but did not decide the possibility of such an exception). However, the right to bring a noncitizen spouse to the U.S. is not deeply rooted in the nation's history and tradition, as required by the Glucksberg test. Throughout the history of U.S. immigration law, the admission of noncitizens, including spouses, has consistently been treated as a matter of sovereign discretion rather than individual right. While Congress has the ability to prioritize family unity in immigration policy, there is no constitutional requirement to do so.

Thus, U.S. citizens do not have a fundamental right to have their noncitizen spouses admitted to the country, nor do they have procedural due process rights in the visa proceedings of others.

Justice Neil Gorsuch authored an opinion concurring in the judgment.

Justice Sonia Sotomayor authored a dissenting opinion, in which Justices Elena Kagan and Ketanji Brown Jackson joined.

The opinion is presented here in its entirety, but with citations omitted. If you appreciate this episode, please subscribe. Thank you.