IRAP and American Families United submitted an amicus brief in the U.S. Supreme Court in Department of State v. Muñoz showcasing stories of families who, like the couple at the core of the case, were separated by consular decisions.
Case background
Sandra Muñoz, a U.S. citizen, sought a visa for her husband, Luis Asencio-Cordero, to live together as a family in the United States without concern about Luis’s immigration status. Despite establishing the validity of their marriage and obtaining a waiver for Luis’s unlawful presence in the U.S., a consular officer denied him a visa based on suspicions of gang affiliations due to his tattoos.
Challenging the decision
After multiple attempts to overturn the visa denial, arguing that his tattoos were religious and cultural, Muñoz took the case to court. The Ninth Circuit Court of Appeals ruled in her favor prompting the government to appeal the decision to the Supreme Court.
Our brief
We argue that a visa denial to a spouse of a U.S. citizen implicates the U.S. citizen’s constitutional right to cohabitate with their spouse in safety and to make decisions over childbearing and childrearing. Families are left with limited options for where they can live as a family.
Impact
The decision in Muñoz will determine whether United States citizens have a constitutionally protected interest in visa applications filed for their spouses. As illustrated by the stories in our brief, a visa denial can have devastating consequences for families.
Case status
The Supreme Court is scheduled to hear oral arguments in Muñoz on April 23, 2024. An amicus brief was filed on March 28, 2024.
Source: refugeerights.org