Abstract
The Supreme Court’s decision in Department of State v. Muñoz marks a significant shift in U.S. immigration law, reinforcing the doctrine of consular non-reviewability and weakening long-standing protections for family unity. Historically, marriage and family have been recognized as fundamental rights; yet, Muñoz limits judicial oversight of visa denials, allowing for indefinite separations between U.S. citizens and their non-citizen spouses. This piece examines the ruling’s legal and human rights implications, its parallels to family separation policies, and its potential to justify future erosion of parental rights in immigration enforcement. It also examines possible legal avenues to challenge arbitrary family separations, including due process claims, international human rights frameworks, and the Administrative Procedure Act. Ultimately, Muñoz represents a troubling precedent that deprioritizes family unity in favor of unchecked executive authority.
Recommended Citation
Fernandez, Katerina
(2025)
"When Love is Not Enough: The Muñoz Decision and the Erosion of Family Unity in U.S. Immigration Law,"
Immigration and Human Rights Law Review: Vol. 6:
Iss.
2, Article 1.
Available at:
https://scholarship.law.uc.edu/ihrlr/vol6/iss2/1
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