Immigrant families at risk
“Today’s decision will increase the risk of xenophobia and profiling infecting the immigration process,” said Shalaka Phadnis, Litigation Staff Attorney at Asian Americans Advancing Justice – AAJC.
The Supreme Court of the United States (SCOTUS) today upheld a ruling that allows for racial profiling and xenophobic stereotypes to make their way into visa decisions. Under the doctrine of consular non reviewability in the court case of Department of State v. Muñoz, the court held that consular officials’ visa denials cannot be challenged in court.
In March, the AAJC and the Fred T. Korematsu Center for Law and Equality with pro bono counsel Selendy Gay, PLLC, filed an amicus brief outlining the history of the doctrine’s racist roots and called for an affirmative decision in favor of the plaintiffs.
The brief stated that the manifestation of prejudice ’emerged from a line of nineteenth-century decisions permitting the exclusion of Asian, and particularly Chinese immigrants, based on the political branches’ plenary power to regulate immigration. These decisions not only upheld the discriminatory laws at issue but also relied on pernicious racist stereotypes to do so.’
Consular Nonreviewability
The doctrine of consular nonreviewability has its roots in anti-Asian and anti-immigrant rhetoric dating back to the 19th century. In 1889 Supreme Court case, Ping v. United States, also known as The Chinese Exclusion Case, was one of the earliest and most significant cases that set the precedent for the doctrine.
“We are disappointed that the country’s highest court is continuing an unchecked system that can result in discrimination and stereotyping to guide visa decisions and risks tearing the livelihoods and families of immigrants apart,” said Phadnis.
“As disappointed as I am that the Court continues to uphold the consular nonreviewability doctrine despite its racist origins,” said Robert Chang, Executive Director of the Korematsu Center. “Today I am mostly just sad for Ms. Muñoz, Mr. Asencio-Cordero, their child, and countless other families who have been and may be torn apart.”
In a statement, AAJC and the Korematsu Center declared their commitment to stand firmly against unchecked power by individual consular officials on decisions that dramatically affect immigrant families and individuals and will continue to fight for fair and equitable immigration decisions for all.
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