Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Supreme Court’s Immigration Rebuke Suggests Biden’s Border Order Is Unconstitutional
The Federalist ^ | June 21, 2024 | Jordan Boyd

Posted on 06/21/2024 10:01:50 AM PDT by E. Pluribus Unum

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 Muñoz 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 Muñoz’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.”

Muñoz 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 Muñoz the right to a “facially legitimate and bona fide reason” for her husband’s denial. The high court, however, overturned this judgment.

“Muñoz’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 Muñoz ’s argument “fails at the threshold” because it does not prove “the right to bring her noncitizen spouse to the United States is...”

(Excerpt) Read more at thefederalist.com ...


TOPICS: Crime/Corruption; Front Page News; Government; Politics/Elections
KEYWORDS:

1 posted on 06/21/2024 10:01:50 AM PDT by E. Pluribus Unum
[ Post Reply | Private Reply | View Replies]

To: E. Pluribus Unum

It should help. Plus, it sets the stage for ending chain migration entirely.


2 posted on 06/21/2024 10:06:00 AM PDT by Reno89519 (Trump Please Build the Wall, And Deport Them All. No amnesty for anyone. End H1B!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Reno89519

Except for the fact that the rats will ignore the ruling just like the student loans.


3 posted on 06/21/2024 10:08:28 AM PDT by gibsonguy
[ Post Reply | Private Reply | To 2 | View Replies]

To: E. Pluribus Unum

Remember when SCOTUS said that Biden didn’t have the power to forgive student loans? That was great.


4 posted on 06/21/2024 10:08:58 AM PDT by hanamizu ( )
[ Post Reply | Private Reply | To 1 | View Replies]

To: E. Pluribus Unum

She is welcome to go live in El Salvador with him. No one is stopping her.


5 posted on 06/21/2024 10:09:30 AM PDT by for-q-clinton (Cancel Culture IS fascism...Let's start calling it that!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: E. Pluribus Unum

Thank You Lord!


6 posted on 06/21/2024 10:09:46 AM PDT by Flaming Conservative ((Pray without ceasing))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Reno89519
"... sets the stage for ending chain migration entirely."

More likely, sets the stage for starting chain deportations...

7 posted on 06/21/2024 10:11:33 AM PDT by SuperLuminal ( Where is Samuel Adams when we so desperately need him)
[ Post Reply | Private Reply | To 2 | View Replies]

To: SuperLuminal

Even better!!! Start with DACA and their illegal parents and family members. Plus, of course, anyone that came into the country under Biden.


8 posted on 06/21/2024 10:12:52 AM PDT by Reno89519 (Trump Please Build the Wall, And Deport Them All. No amnesty for anyone. End H1B!)
[ Post Reply | Private Reply | To 7 | View Replies]

To: E. Pluribus Unum

Seems like there has been a lot of 6-3 decisions lately. Probably adding rule to the left wing fire in terms of the scotus


9 posted on 06/21/2024 10:39:56 AM PDT by suasponte137
[ Post Reply | Private Reply | To 1 | View Replies]

To: E. Pluribus Unum
'President Joe Biden tried to cement in his most recent executive order concerning the ongoing border invasion. '

What executive order? It's just policy, he hasn't issued a eo for this, nor did Obama with DACA.

10 posted on 06/21/2024 11:14:58 AM PDT by Theoria
[ Post Reply | Private Reply | To 1 | View Replies]

To: E. Pluribus Unum

Wow, what a model citizen he would be. Typical.


11 posted on 06/21/2024 3:57:54 PM PDT by Sam Gamgee
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson