Washington, USA: The US Supreme Court has ruled that the Department of Homeland Security (DHS) has broad authority to revoke approved visa petitions, including those involving allegations of fraud or sham marriages, without judicial review. In a unanimous decision led by Justice Ketanji Brown Jackson, the court emphasized that under 8 U.S.C. 1155, DHS can revoke petitions “at any time” for “good and sufficient cause.”
The case, Bouarfa v. Mayorkas, involved a US citizen’s visa petition for her spouse, which DHS revoked over fraud allegations. The court clarified that 1252(a)(2)(B)(ii) bars federal courts from reviewing discretionary decisions like these, underscoring Congress’s intent to shield such actions from judicial interference.
Key Implications:
- DHS holds wide discretion in visa revocations, enhancing its authority to address fraud in the immigration system.
- Critics warn of potential misuse, leaving petitioners vulnerable to administrative errors.
- Legal experts note the decision limits recourse for affected immigrants, though petitioners can file new petitions or seek administrative remedies.
- This landmark decision reinforces DHS’s role in immigration oversight while highlighting the challenges faced by petitioners navigating the complex system.
