Supreme Court May Allow Spouses to Challenge Denial of Spouse’s Green Cards

The Supreme Court seemed open on April 23 to the possibility of allowing U.S. citizens whose spouses were denied immigrant visas a narrowly defined opportunity to challenge those denials in court. The case, Department of State v. Munoz, concerns the doctrine of “consular nonreviewability,” which is the legal principle that a consular official’s decision to refuse a visa to a foreigner is not subject to judicial review. Limiting the doctrine would harm the immigration system and cripple its ability to process applications, supporters of the nonreviewability principle say. Opponents, such as those who favor expanded immigration, say relaxing it respects constitutional rights and the institution of marriage....