The U.S. Supreme Court ruled that federal courts lack the authority to review visa revocations in cases involving sham marriages for immigration purposes, affirming that such decisions fall under the discretion of the Department of Homeland Security.
The unanimous ruling clarified that while courts may review initial visa denials, they do not have the authority to intervene after the Department of Homeland Security revokes an approved visa. The decision highlights DHS’s broad authority in visa matters and could impact immigration enforcement, including President-elect Donald Trump’s plans to overhaul immigration policies and implement mass deportations, the Washington Examiner reported.
Justice Ketanji Brown Jackson, an appointee of President Joe Biden, wrote for the court and described the decision as “a quintessential grant of discretion” to the DHS.
“Congress did not impose specific criteria or conditions limiting this authority, nor did it prescribe how or when the Secretary must act. Context reinforces the discretionary nature of §1155,” the majority wrote, referring to the statute surrounding the revocation of approved visa petitions.
“Section 1155 is a quintessential grant of discretion: The Secretary ‘may’ revoke a previously approved visa petition ‘at any time’ for what the Secretary deems ‘good and sufficient cause,’” the 9-0 ruling said.
The case Bouarfa v. Mayorkas involved Amina Bouarfa, a U.S. citizen whose husband’s visa was revoked after the DHS determined he had previously been involved in a fraudulent marriage, permanently disqualifying him from legal residency.
During oral arguments, the justices focused on a statute restricting judicial review to initial visa denials, highlighting Congress’s intent to uphold the Department of Homeland Security’s authority in revocation decisions.
Chief Justice John Roberts pointed out that Bouarfa’s husband could reapply for a visa and potentially challenge a denial through judicial review. However, the petitioner’s attorney, Samir Deger-Sen, countered that restarting the process imposes significant delays and hardships on families, the Examiner reported.
Immigration advocates warned that the ruling could worsen difficulties for migrants navigating an already overburdened immigration system, which currently has a backlog of over 3 million cases.
Critics, including the American Civil Liberties Union, expressed concern that restricting judicial oversight could allow constitutional violations, such as racial bias, to go unchecked. However, there was no evidence of any racial animus or bias in the Bouarfa case.
Last month, after defeating Vice President Kamala Harris, President-elect Donald Trump selected immigration hardliner Thomas Homan to serve as the next “border czar.”
“I’ve known Tom for a long time, and there is nobody better at policing and controlling our Borders. Likewise, Tom Homan will be in charge of all Deportation of Illegal Aliens back to their Country of Origin. Congratulations to Tom. I have no doubt he will do a fantastic, and long awaited for, job,” Trump announced on his Truth Social social media account.
Trump went on to say that the role of “border czar” is responsible for “the Northern Border, all Maritime, and Aviation Security,” in addition to the U.S. southern border with Mexico. Tom is the best at police and managing our borders, and I’ve known him for a long time.”
Trump made border security a key component of his first term in office and continued to do so throughout his campaigns in 2020 and 2024.
According to the Department of Homeland Security’s website, the number of illegal border crossings dramatically increased throughout the Biden administration, reaching about 3 million in fiscal year 2024 alone. Since FY 2021, around 10.8 million illicit encounters have occurred.
Trump pledged during his campaign to secure the border using a tough stance once more.
“It’s going to be a well-targeted, planned operation conducted by the men of ICE. The men and women of ICE do this daily. They’re good at it,” Homan reiterated during a Fox News appearance after Trump picked him, adding that deportations would be a “humane operation.”
