January 20, 2015

Whether a U.S. citizen can obtain judicial review of a consular decision to deny her spouse a visa.

The Supreme Court ruled in 1972 that  a U.S. citizen can challenge the government's denial of a visa to an invited foreign speaker to determine if  it is supported by a "facially legitimate and bona fide reason." The question in this case is whether the same judicial review is available to a U.S. citizen challenging the exclusion of a non-citizen spouse on national security grounds. The ACLU submitted an amicus brief supporting judicial review and pointing out the critical role it has played in limiting unlawful ideological exclusions. 

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