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Supreme Court Ruling Puts Biden's Border Executive Order in Jeopardy
Photo by Adam Michael Szuscik / Unsplash

Supreme Court Ruling Puts Biden's Border Executive Order in Jeopardy

In a significant blow to President Biden's immigration policy, the Supreme Court ruled on Friday that U.S. citizens do not have a constitutional right to guarantee their noncitizen spouse's admittance into the country. The decision, which was handed down in a 6-3 vote, has far-reaching

Cody Bradson profile image
by Cody Bradson

In a significant blow to President Biden's immigration policy, the Supreme Court ruled on Friday that U.S. citizens do not have a constitutional right to guarantee their noncitizen spouse's admittance into the country. The decision, which was handed down in a 6-3 vote, has far-reaching implications for the administration's efforts to address the ongoing crisis at the southern border.

The ruling comes in response to a case brought by a Los Angeles woman who argued that her constitutional rights were violated when the federal government denied a visa to her Salvadoran husband, in part because they viewed his tattoos as gang-related. The plaintiff, L.A. civil rights attorney Sandra Muñoz, claimed that her right to marriage extended to living with her husband in the U.S., but the court disagreed, stating that while she has a fundamental right to marriage, it does not guarantee her spouse's right to enter the country.

The decision has significant implications for President Biden's most recent border executive order, which aimed to streamline the process for admitting noncitizen spouses of U.S. citizens. With the court's ruling, the legality of the order is now in question, as it appears to be based on a constitutional right that the court has found does not exist.

"The court's decision is a major setback for Americans with foreign spouses, as it explicitly rejects the idea that a citizen has a constitutional right to attempt to bring their noncitizen spouse into the country," said Eric Lee, the couple's attorney. "We hope the new relief applies to as many families as possible, but it is hard not to ask: If these are the new criteria, then why did the administration fight Sandra and Luis' case as hard as they did for so many years?"

The ruling is likely to be seen as a victory for conservatives, who have long argued that the government should have broad discretion in regulating immigration. However, it is also likely to be met with criticism from progressives, who argue that the decision undermines the rights of U.S. citizens and their families.

The Biden administration has not yet commented on the ruling, but it is expected to face significant pressure to revise its border executive order in light of the court's decision.

Cody Bradson profile image
by Cody Bradson

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