Supreme Court rules Government can deny entry to Non-Citizen spouses without explanation

In a landmark 6-3 decision, the U.S. Supreme Court has ruled that the constitutional rights of U.S. citizens are not violated when the government bars their non-citizen spouses from entering the country without explanation.

The ruling came in response to the case of Sandra Munoz, a U.S. citizen and civil rights lawyer, whose El Salvadoran husband was denied a visa by the U.S. Department of State.

The court’s decision upheld the government’s authority to deny visas without providing a reason, unless constitutional rights are directly violated in the process. Justice Amy Coney Barrett, writing for the majority, stated that Munoz’s claim involved more than just the right to marry, extending to her husband’s entry into the U.S., which is not constitutionally protected.

Munoz and her husband, married since 2010, have been separated since 2015 due to the visa denial. The State Department took three years to explain its suspicion that her husband was a gang member, despite his lack of a criminal record and denial of any gang affiliation.

The ruling reverses a 2022 decision by the 9th U.S. Circuit Court of Appeals, which had revived Munoz’s lawsuit. The conservative Immigration Reform Law Institute praised the ruling, emphasizing the importance of national security.

The decision underscores that non-citizens do not have a guaranteed right of access to the U.S., even when married to American citizens.