Department of State v. Munoz

In Department of State v. Munoz, the U.S. Supreme Court decided on June 21, 2024, whether a U.S. citizen has a constitutional right to challenge the denial of an immigrant visa for her noncitizen spouse. Sandra Munoz, a U.S. citizen, sued after her husband Luis Asencio-Cordero, a Salvadoran national, was denied a visa based on suspected gang affiliation without a detailed factual explanation. The Ninth Circuit ruled that Munoz had a due process right to know the basis for the denial. The Supreme Court reversed, holding that a citizen has no fundamental liberty interest in her spouse's admission and that consular visa decisions are not subject to judicial review absent a constitutional violation affecting the citizen. The Court emphasized Congress's plenary power over immigration.

The Supreme Court reversed the Ninth Circuit in a 6-3 decision. The majority held that Sandra Munoz lacked a cognizable liberty interest and that the doctrine of consular nonreviewability barred her challenge, leaving the visa denial in place.

Whether a U.S. citizen has a protected liberty interest under the Due Process Clause that is infringed when the government denies a visa to her noncitizen spouse without providing a sufficient factual basis for the denial.

The ruling reaffirmed broad executive discretion in visa decisions, limiting judicial remedies for U.S. citizens separated from noncitizen spouses. It underscored the plenary power doctrine in immigration law and signaled that courts will rarely intervene in consular visa denials, even when family unity is affected.