Love, Visas, and Marriage in Post-Constitutional America
Thursday May 14, 2015
The government can block your foreign husband or wife from living with you in America, based on secret information you can’t see or contest. Like with the No-Fly list, in post-Constitutional America the walls are built of secret databases.
Taking Visas to the Supreme Court
On February 23, the Supreme Court heard oral arguments in Kerry v. Din. The U.S. government is seeking a writ of certiorari agreement by the Justices to review a lower court decision granting Ms. Din and her Afghan husband judicial review of his immigrant visa—green card—application. The State Department permanently denied permission for the husband to live in the US because he is supposedly a “terrorist,” based on secret information that will not be shared with Ms. Din or her spouse to allow rebuttal. Under present law, the state department’s decision to refuse the green card is subject to no outside review.