Supreme Court Issues Big Immigration Ruling, Could Benefit Trump
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 Trump’s plans to overhaul immigration policies and carry out mass deportations.
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The case Bouarfa v. Mayorkas involved Amina Bouarfa, a U.S. citizen whose husband’s visa was revoked after the DHS determined he had previously been involved in a fraudulent marriage, permanently disqualifying him from legal residency.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.
Meanwhile, earlier this month, a federal appeals court said that U.S. Immigration and Customs Enforcement (ICE) can keep using a Seattle airport for chartered deportation flights, which is positive news for the incoming Trump administration.
The 9th Circuit Court of Appeals threw out a 2019 local executive order that tried to contradict President Trump’s immigration policies. The court said that King County, Washington, broke its contract by not allowing deportations at King County International Airport, also known as Boeing Field.
The ruling was seen as beneficial for the incoming Trump administration, as the president-elect has pledged to begin a mass deportation effort as soon as he takes office, though his executive orders are likely to be challenged by left-wing open borders groups.
Still, Trump’s incoming “border czar” Tom Homan, who spent decades as a Border Patrol agent and supervisor before serving as acting Immigration and Customs Enforcement director during Trump’s first term, has pledged to carry out the president-elect’s deportation orders, even if that means arresting Democratic officials who try to thwart him.
“But look, me and the Denver mayor we agree on one thing. He’s willing to go to jail. I’m willing to put him in jail,” Homan told Fox News host Sean Hannity earlier this month. “There’s a statute, Title 8, United States Code 1324 – AAA. And what it says is it’s a felony if you knowingly harbor and conceal illegal aliens from immigration authorities. It is also a felony to impede a federal law enforcement officer.”
“So if you don’t want to help, that’s fine. He can get the hell out of the way, but we’re going to go do the job. President Trump has a mandate from the American people. We’ve got to secure this country and save American lives,” he added.
Trump Warns Iran of ‘Total Obliteration’ if They Try To Harm Him HH
President Donald Trump warned Iran that continued assassination threats made by leaders in Tehran would be met with the country getting “blown up” and “total obliteration.”
“Well, they shouldn’t be doing it but I’ve left notification,” Trump said. “Anything ever happens, we’re going to blow the whole — the whole country’s going to get blown up.”
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Biden-era Intelligence officials briefed Trump about the alleged threats against him during his presidential campaign in 2024. Former Attorney General Merrick Garland said the plot was retaliation for the killing of Iranian Gen. Qassem Soleimani by the U.S. in 2020, during Trump’s first administration.
Despite being briefed by his administration, Trump on Tuesday said President Biden “should have said something” on the matter, adding that presidents should defend each other on such matters.
“But I have very firm instructions,” Trump continued. “Anything happens, they’re going to wipe them off the face of this earth.”
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Trump also spoke about the ongoing negotiations between the United States and Iran in Geneva.
“What are you expecting from these Iran talks in Geneva?” a reporter asked Trump aboard Air Force One.
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“So, I’ll be involved in those talks indirectly, and they’ll be very important. We’ll see what can happen. Typically, Iran’s a very tough negotiator; they’re good negotiators — or bad negotiators. I would say they’re bad negotiators because we could have had a deal instead of sending the B2s to knock out their nuclear potential. We had to send the B2s. I hope they’re going to be more reasonable. They want to make a deal,” Trump said.
“Have you been told that a deal is next to impossible?” the reporter followed up.
Trump replied, “No. I think they want to make a deal. I don’t think they want the consequences of not making a deal. They want to make a deal.”
WATCH:
Trump previously said that he instructed officials to destroy Iran if they killed him.
The president said this after signing an executive order right after taking office that gave him all the tools he needed to talk to Iran’s government and put as much pressure on Tehran as possible.
“They haven’t done that and that would be a terrible thing for them to do,” Trump said at the time. “Not because of me — if they did that, they would be obliterated. That would be the end. I’ve left instructions, if they do it, they get obliterated, there won’t be anything left. And, they shouldn’t be able to do it.”
Trump warned last week that the United States could send additional warships toward Iran if ongoing diplomatic negotiations fail to produce a deal, signaling that military pressure could increase as talks over Tehran’s nuclear program stall.
In remarks to Axios, Trump said the administration is considering deploying a second aircraft carrier strike group to the region in addition to the USS Abraham Lincoln and 9 additional warships already positioned near Iran, though he expressed hope that a diplomatic agreement can still be reached.
“Either we will make a deal or we will have to do something very tough like last time,” the president told Axios on Tuesday, a reference to the bombing of three Iranian nuclear sites in June.
“Last time they didn’t believe I would do it. They overplayed their hand,” Trump added. “We have an armada that is heading there and another one might be going.”
The president emphasized that the United States is seeking to persuade Iran to curb its nuclear ambitions, halt the development of its ballistic missile program, and end support for militant proxy groups. Iranian officials have so far resisted expanding negotiations beyond nuclear-related issues.
He described the nuclear issue as a “matter of course” part of any negotiation, but also insisted that an agreement with Iran must also address Tehran’s ballistic missile stockpiles, per Axios.
Trump said the US “can make a great deal with Iran,” and Tehran “very much wants to make a deal.”
Trump’s comments came ahead of a planned visit to Washington, D.C. by Benjamin Netanyahu, who is expected to press for a tougher U.S. stance and broader terms for any Iran deal that would include constraints on Tehran’s missile capabilities and regional activities.
Before heading to DC, the Israeli leader previewed some of what he and Trump were going to discuss.
“I will present to the president our understanding of the principles of the negotiations (with Iran) – the essential principles that are important not only to Israel – but to everyone who wants peace and security in the Middle East,” Netanyahu told reporters, per the New York Post.
The administration has already bolstered its military presence in the Middle East, with multiple warships and aircraft deployed as a means of deterrence and leverage.
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