The Supreme Court closed a major immigration loophole Tuesday by ruling that the Department of Homeland Security Secretary has discretion to revoke visa restrictions without judicial review.
In a 12-page unanimous decision written by Justice Ketanji Brown Jackson, the court ruled in Bouarfa v. Mayorkas that Congress granted under 8 U.S.C. §1154(b) the DHS Secretary “broad authority to revoke an approved visa petition at any time, for what he deems to be good and sufficient cause.” Such a revocation, Jackson wrote, is thus “in the discretion of ” the agency and Section 1252 of the Immigration and Nationality Act “bars judicial review of the Secretary’s revocation.”
The case involves Amina Bouarfa, a U.S. citizen with three children, who married Ala’a Hamayel, a Palestinian national, in 2011. According to court records, Bouarfa sought permission for her husband to remain in the U.S. permanently, and U.S. Citizenship and Immigration Services approved her petition in 2015.
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