Supreme Court Rules 6-3 Against Illegal Alien Trying to Secure U.S. Visa Despite Alleged MS-13 Gang Affiliation

The Supreme Court ruled in a 6-3 opinion against an illegal alien who sought to secure a visa to stay in the United States after having been denied for allegedly being a member of the MS-13 gang.

Asencio-Cordero assumed he was denied the visa due to his alleged affiliation with the violent El Salvador-based MS-13 gang. Asencio-Cordero also assumed his visa was denied because of a tattoo he has which signifies gang membership. As Muñoz asserts it, she claims “a marital right . . . sufficiently important that it cannot be unduly burdened without procedural due process as to an inadmissibility finding that would block her from residing with her spouse in her country of citizenship.” So described, the asserted right is fundamental enough to be implicit in “liberty;” but, unlike other implied fundamental rights, its deprivation does not trigger strict scrutiny.

— one that prevents the government from taking actions that “indirectly or incidentally” burden a citizen’s legal rights. To be sure, Muñoz has suffered harm from the denial of Asencio-Cordero’s visa application, but that harm does not give her a constitutional right to participate in his consular proceeding.

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