Visa refusal due to tattoo. History of the case “Department of State v. Muñoz Family”

The new precedent shocked the immigration community.
History of the case “Department of State v. Muñoz Family”

In Department of State v. Muñoz, the U.S. Supreme Court issued a decision that significantly changed the practice of processing immigrant visas.
According to this decision, the State Department no longer needs to justify its refusals to issue visas.

This means that consular officers can make decisions on visa applications essentially at their own discretion, and such decisions are not subject to judicial review.

 

Muñoz family history:

Sandra Muñoz and her husband lived together in the United States for more than five years. Munoz’s husband, a native of El Salvador, has applied for an immigrant visa (green card), hoping to legalize his status and remain in the country with his family.

However, their dreams were shattered when the State Department denied the visa, saying they had “reason to believe” that Munoz’s husband may be engaged in illegal activities in the United States.

This refusal was extremely unexpected and unfair for the Muñoz family, since her husband had no criminal history in any country in the world.
The only “evidence” the State Department relied on were the tattoos on his body. These tattoos, according to authorities, could indicate his affiliation with a gang, despite the lack of real evidence.

The Muñoz family, faced with this decision, went to court, hoping to get justice. The case reached the US Supreme Court, which, unfortunately for many immigrants, decided not in their favor.

The Supreme Court has ruled that the decisions of consular officers are now not subject to judicial review and their decisions can be made on virtually any grounds.

This decision caused an uproar in the immigration community. Many lawyers and human rights activists have expressed deep concern that thousands of immigrants may now face visa refusals without any justifiable reason and without the possibility of appealing these decisions.