Supreme Court allows US to revoke visas for sham marriages

On December 10, 2024, the U.S. Supreme Court delivered a unanimous ruling regarding the revocation of immigration visas by the federal government. This case arose when the Department of Homeland Security (DHS) canceled the visa of Ala’a Hamayel, a Palestinian man, due to findings that he had previously engaged in a fraudulent marriage to secure permanent residency in the United States. His wife, Amina Bouarfa, a U.S. citizen, contended that her own marriage to Hamayel was legitimate, and she filed a petition to classify him as an immediate relative, which would enable him to adjust his immigration status. The DHS had initially approved her petition but retracted it two years later, citing evidence that Hamayel's first marriage constituted fraud under immigration laws. The case reached the 11th Circuit Court of Appeals, which confirmed that federal law precludes judicial review of visa revocations, leading Bouarfa to pursue legal recourse in federal district court. Ultimately, the Supreme Court upheld the lower court’s decision, emphasizing that the DHS has broad discretion when determining the legitimacy of marriages for visa purposes. Despite the setback, the ruling outlines that nothing prohibits Bouarfa from filing another petition on behalf of her husband, keeping the door open for future attempts to secure his immigration status. This ruling ignited discussions regarding the complexities and challenges surrounding immigration and marriage validity, raising questions about the need for clearer regulations around marital fraud in immigration matters.