OPINION: This article may contain commentary which reflects the author's opinion.
The U.S. Supreme Court ruled that federal courts lack the authority to review visa revocations in cases involving sham marriages for immigration purposes, affirming that such decisions fall under the discretion of the Department of Homeland Security.
The unanimous ruling clarified that while courts may review initial visa denials, they do not have the authority to intervene after the Department of Homeland Security revokes an approved visa. The decision highlights DHS’s broad authority in visa matters and could impact immigration enforcement, including President-elect Donald Trump’s plans to overhaul immigration policies and implement mass deportations, the Washington Examiner reported.
Justice Ketanji Brown Jackson, an appointee of President Joe Biden, wrote for the court and described the decision as “a quintessential grant of discretion” to the DHS.
“Congress did not impose specific criteria or conditions limiting this authority, nor did it prescribe how or when the Secretary must act. Context reinforces the discretionary nature of §1155,” the majority wrote, referring to the statute surrounding the revocation of approved visa petitions.
“Section 1155 is a quintessential grant of discretion: The Secretary ‘may’ revoke a previously approved visa petition ‘at any time’ for what the Secretary deems ‘good and sufficient cause,'” the 9-0 ruling said.
The case Bouarfa v. Mayorkas involved Amina Bouarfa, a U.S. citizen whose husband’s visa was revoked after the DHS determined he had previously been involved in a fraudulent marriage, permanently disqualifying him from legal residency.
During oral arguments, the justices focused on a statute restricting judicial review to initial visa denials, highlighting Congress’s intent to uphold the Department of Homeland Security’s authority in revocation decisions.
Chief Justice John Roberts pointed out that Bouarfa’s husband could reapply for a visa and potentially challenge a denial through judicial review. However, the petitioner’s attorney, Samir Deger-Sen, countered that restarting the process imposes significant delays and hardships on families, the Examiner reported.
Immigration advocates warned that the ruling could worsen difficulties for migrants navigating an already overburdened immigration system, which currently has a backlog of over 3 million cases.
Critics, including the American Civil Liberties Union, expressed concern that restricting judicial oversight could allow constitutional violations, such as racial bias, to go unchecked. However, there was no evidence of any racial animus or bias in the Bouarfa case.
Meanwhile, earlier this month, a
federal appeals court said that U.S. Immigration and Customs Enforcement (ICE) can keep using a Seattle airport for chartered deportation flights, which is positive news for the incoming Trump administration.
The 9th Circuit Court of Appeals threw out a 2019 local executive order that tried to contradict President Trump’s immigration policies. The court said that King County, Washington, broke its contract by not allowing deportations at King County International Airport, also known as Boeing Field.
The ruling was seen as beneficial for the incoming Trump administration, as the president-elect has pledged to begin a mass deportation effort as soon as he takes office, though his executive orders are likely to be challenged by left-wing open borders groups.
Still, Trump’s incoming “border czar” Tom Homan, who spent decades as a Border Patrol agent and supervisor before serving as acting Immigration and Customs Enforcement director during Trump’s first term, has pledged to carry out the president-elect’s deportation orders, even if that means arresting Democratic officials who try to thwart him.
“But look, me and the Denver mayor we agree on one thing. He’s willing to go to jail. I’m willing to put him in jail,” Homan told Fox News host Sean Hannity earlier this month. “There’s a statute, Title 8, United States Code 1324 – AAA. And what it says is it’s a felony if you knowingly harbor and conceal illegal aliens from immigration authorities. It is also a felony to impede a federal law enforcement officer.”
“So if you don’t want to help, that’s fine. He can get the hell out of the way, but we’re going to go do the job. President Trump has a mandate from the American people. We’ve got to secure this country and save American lives,” he added.
