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- Feb 16, 2016
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Supreme Court Delivers Key Ruling on Immigration
Supreme Court Delivers Key Ruling on Immigration
The U.S. Supreme Court ruled that federal courts lack jurisdiction to review visa revocations in instances of fraudulent marriages for immigration purposes. This indicates that the Department of Homeland Security possesses ultimate authority in these matters. The unanimous ruling clarified that...
ussanews.com
The U.S. Supreme Court ruled that federal courts lack jurisdiction to review visa revocations in instances of fraudulent marriages for immigration purposes. This indicates that the Department of Homeland Security possesses ultimate authority in these matters.
The unanimous ruling clarified that courts may examine initial visa denials; however, they lack the authority to intervene once the Department of Homeland Security rescinds an approved visa.
The decision illustrates the significant authority the DHS wields over visas, potentially influencing the enforcement of immigration laws, including President Trump’s proposals to amend immigration legislation and increase deportations.
Justice Ketanji Brown Jackson, appointed by President Joe Biden, authored the court’s opinion and characterized the decision as “a quintessential grant of discretion” to the DHS. “Congress did not establish explicit criteria or conditions to constrain this authority, nor did it specify how or when the Secretary must act.” The majority stated, “Context underscores the discretionary nature of §1155,” the statute permitting the government to revoke approved visa petitions.
he ruling stated, “The Secretary ‘may’ revoke a previously approved visa petition ‘at any time’ for what the Secretary deems to be ‘good and sufficient cause,’” with a unanimous decision of 9-0.
Commentary:
The SCOTUS decision seems to only apply to visa revocations, but a unanimous ruling seems significant for all over immigration cases.
I think that although not intended, The ducks are now set for several individual deportation..
The historical position is that to be in the US is a privilege, not a right. A Visa gives a non-citizen some basis for saying “I am permitted to be in the US. I have that privilege.” Court decision may be needed depending on the terms of the Visa.
But if a non-citizen in the US has no papers, no contract, nothing, then no contract is violated when the non-citizen is deported... his PRIVILEGE to be in the US is removed.
No RIGHTS are violated, PRIVILEGE is removed. Historically that was administrative, no contract existed, court decision not required.
