Supreme Court’s Immigration Rebuke Suggests Biden’s Border Order Is Unconstitutional
By: Jordan Boyd
S E E D E D C O N T E N T
The U.S. Supreme Court ruled 6-3 on Thursday that U.S. citizens do not have a constitutional right to guarantee their noncitizen spouse admittance into the country, something President Joe Biden tried to cement in his most recent executive order concerning the ongoing border invasion.
American Sandra Munoz sued the federal government after her husband, Luis Asencio-Cordero, an MS-13 gang member, was denied a visa by U.S. Citizenship and Immigration Services in 2015 due to "unlawful activity" the immigration officer suspected based on a gang affiliation tattoo he spotted on the El Salvador native during the interview.
Asencio-Cordero, a noncitizen, eventually "disavowed any gang membership" and, with Munoz's help, tried to appeal the visa case with the Department of State. The federal agency, however, agreed with USCIS's decision, effectively asserting (along with the Supreme Court's judgment Thursday) that a noncitizen like Asencio-Cordero has "no constitutional right to enter the United States."
Munoz claimed that this decision abridged her Fifth Amendment "liberty interest" and falsely construed her right to "fundamental right to marriage" as a "right to reside with her noncitizen spouse in the United States."
The Ninth Circuit initially agreed that the Due Process Clause afforded Munoz the right to a "facially legitimate and bona fide reason" for her husband's denial. The high court, however, overturned this judgment.
"Munoz's claim to a procedural due process right in someone else's legal proceeding would have unsettling collateral consequences," the court wrote. "Her position would usher in a new strain of constitutional law — one that prevents the government from taking actions that 'indirectly or incidentally' burden a citizen's legal rights."
In the majority opinion, Justice Amy Coney Barrett noted that Munoz 's argument "fails at the threshold" because it does not prove "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.' She cannot make that showing. In fact, Congress's longstanding regulation of spousal immigration — including through bars on admissibility — cuts the other way," Barrett wrote.
Barrett noted that Congress has "streamlined the visa process for noncitizens with immediate relatives in the United States" but does not guarantee a certain outcome.
"From the beginning, the admission of noncitizens into the country was characterized as 'of favor [and] not of right,'" she wrote.
President Joe Biden announced an executive order last week that would award amnesty to half a million illegal immigrants in situations like this one. The order not only deliberately shields noncitizens who are married to U.S. citizens, like Asencio-Cordero, from deportation but also gives them explicit permission to reside and work in the country.
The Supreme Court's rebuke of Munoz's case does not directly involve Biden's latest action, but its detailed takedown does suggest that Democrats' attempt to usher in amnesty for hundreds of thousands of noncitizens has no constitutional standing.
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They bent the law to streamline immigration. And because of that, everybody assumed that it was part of the law. Turns out those that assumed this were incorrect. No people are crying.
If the Biden administration attempts to put anything through on immigration - it will be proven to be illegal.
That's what happens when they try to circumvent the system. Then their lemmings cry and blame the opposition.
Really don't understand the idiocy. Barry told everybody that he was not authorized to change immigration law but he was gonna do it anyway - courts have agreed that only Congress can make those changes.
And that's where the catch is. Traitor Joe and his merry band of idiots will try to push something through. When it gets shut down, they will blame the Republicans. And naturally the Bidenistas will take what Traitor Joe says and ignorantly run with it not realizing they were fed bullshit.
And yet when Biden tried to get Congress to do an immigration law, the right wingers told him he didn't need a law and could just do it by executive order...
That's a lie that can be proven by the fact that the "right" wingers passed a law that Schumer buried in the Senate.
The only liar in this scenario is the senile old fool in the Whitehouse who said he couldn't do anything without Congress, and then signed a Executive action that proved he was a liar.
And the Senate passed a "BIPARTISAN" bill that Trump buried in the House.
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