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Link to SCOTUS document, it’s quite short and readable: https://www.supremecourt.gov/opinions/23pdf/23-334_e18f.pdf https://www.supremecourt.gov/opinions/23pdf/
by Jun8 2y ago
Link to SCOTUS document, it’s quite short and readable: https://www.supremecourt.gov/opinions/23pdf/23-334_e18f.pdf https://www.supremecourt.gov/opinions/23pdf/23-334_e18f.pdf
Here’s one of the key passages:
“ Under the doctrine of consular nonreviewability, an executive officer's decision "to admit or to exclude an alien" "is final and conclu-sive," United States ex rel. Knauff v. Shaughnessy, 338 U. S. 537, 547, and not subject to judicial review in federal court.”
Wow, I didn’t know the consuls executive officers had this power
- TMWNN 2y ago> Wow, I didn’t know the consuls executive officers had this power Without it, every single person turned down for a US visa would appeal (Why not? They have nothing to lose). The principle is based on two fundamental notions: * Non-US citizens, not on US soil, do not have standing to use the US legal system. * More generally, a country can reject entry by anyone for any reason.
- staticautomatic 2y agoThe first is not strictly true. See eg the Alien Tort Statute.
- tomohelix 2y agoEvery consular officer who does interviews hold this power. Their words are literal laws backed by the fulll authority of the US, irrevocable and undeniable. Millions of people applying for a visa in the country they work in is subjected to their judgement without any recourse. There is no questioning their authority or their decisions even if everything they said is based on a passing whim. No, I am not exaggerating. Their whims is reason official enough to deny a person coming to the US and potentially changing their entire life forever. Imagine that amount of power vested in what amount to a politician in training.