Supreme Court Rules Against Married Couple in Blow to Immigrant Families

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The ruling erodes marriage rights for mixed-status couples, including a California family separated 10 years ago.

The conservative majority on the Supreme Court ruled 6-3 on Friday against a woman who has fought for years to bring her husband back from El Salvador to the United States. Like the couple’s child, Sandra Muñoz is a U.S. citizen, but in 2015 an official at the U.S. consulate in El Salvador denied her husband’s visa application with little explanation. Muñoz later learned in federal court that a consulate official was concerned about her husband’s tattoos.

“The constitutional right to marriage is not so flimsy,” Sotomayor wrote. “The government cannot banish a U.S. citizen’s spouse and give only a bare statutory citation as an excuse.” “They have been separated for nearly a decade because they tried to follow the rules of the immigration system, they jumped through all the hoops as they were expected to do,” Keren Zwick, director of litigation at NIJC, toldAsencio-Cordero does not have a criminal record, but his application was denied after a series of interviews.

 

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