In a major decision with far-reaching consequences for immigration enforcement, the U.S. Supreme Court has ruled unanimously that federal courts do not have the authority to review visa revocations tied to fraudulent marriages. The ruling sharply reinforces the power of the Department of Homeland Security, while potentially paving the way for a more aggressive immigration crackdown under President Donald Trump.
The 9–0 decision draws a bright line between visa denials and visa revocations. While courts may still review initial denials, the justices made clear that once DHS revokes an already approved visa, that decision is largely untouchable by the judiciary.
At the heart of the ruling is Congress’s intent to give DHS broad discretion over immigration matters, especially in cases involving fraud. The justices emphasized that immigration enforcement is an executive function and not something courts should second-guess after the fact.
Justice Ketanji Brown Jackson, a Biden appointee, authored the majority opinion. In her writing, she underscored how expansive DHS’s authority truly is under federal law.
“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.
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