Supreme Court Ruling Could Close Major Immigration Loophole, Cause Massive Shake-Up
Opinion by Christian Baldwin • 18h
The Supreme Court ruled Tuesday that the Department of Homeland Security (DHS) secretary has broad authority to revoke visa petitions without judicial review.
In a decision on Bourfa v. Mayorkas, the court unanimously affirmed the secretary’s discretion to cancel approved immigration petitions “for what he deems to be good and sufficient cause” under 8 United States Code (USC) §1155, with Justice Ketanji Brown Jackson delivering the court’s opinion.
The case involved Amina Bourfa, who applied in 2015 to sponsor her husband, Palestinian national Ala’a Hamayel, for legal permanent U.S. residency. U.S. Citizenship and Immigration Services (USCIS) initially approved the request but revoked it in 2017 after discovering Hamayel had previously paid $5,000 to his ex-wife to facilitate his visa process, the court opinion reads.
The court’s order stated that Congress granted the secretary authority to revoke visa petitions “at any time” and that such decisions are not subject to judicial challenge.
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