Court Denies Visa for California Woman’s Husband For Having Tattoos

Supreme Court Denies Visa for California Woman’s Husband For Having Tattoos.

The Supreme Court has ruled against a California woman, Sandra Muñoz, who claimed her rights were violated after federal officials refused to allow her Salvadoran husband, Luis Asencio-Cordero, Visa into the country. 

The 6-3 decision, along ideological lines, found that citizens do not necessarily have the right to participate in federal government decisions about whether immigrant spouses can legally live in the U.S.

In the majority opinion, Justice Amy Coney Barrett emphasized that while marriage is a fundamental right for citizens, it is incorrect to infer that this right extends to restricting Congress’s authority over the admission or exclusion of foreigners into the United States.

Justice Sonia Sotomayor, along with her liberal colleagues, dissented, arguing that denying citizens the ability to obtain specific reasons for their spouses’ visa denials significantly undermines the right to marriage within the context of immigration.

Muñoz, a Los Angeles civil rights attorney, was last able to live with her husband nearly 10 years ago. The couple started the process of obtaining an immigrant visa after their marriage in 2010.

However, when Asencio-Cordero traveled to the consulate in San Salvador to complete the process, the consular officer denied his application, citing a law that denies entry to those who could participate in unlawful activity.

Court Denies Visa Due To Tattoo Interpretation

The State Department initially refused to provide a more specific reason for the denial. After Muñoz filed a lawsuit, she and her lawyers learned that the refusal was based, in part, on a consular officer’s determination that Asencio-Cordero’s tattoos likely indicated his association with the MS-13 gang. 

Asencio-Cordero has denied any gang affiliation and has no criminal record, stating that the tattoos, including religious and intellectual symbols, expressed his personal interests and faith.

The U.S. 9th Circuit Court of Appeals initially ruled in favor of Muñoz, mandating that the State Department disclose the reason for the visa denial and reconsider the application. However, the Supreme Court reversed this decision following an appeal by the State Department.

The ruling has, however, highlighted a tension between citizens’ rights and the government’s authority to regulate immigration in a way never before seen.

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