Supreme Court Ruling: DHS Gains Full Authority to Revoke Marriage-Based Green Cards Without Court Review

On December 10, 2024, the U.S. Supreme Court issued a landmark ruling granting the Department of Homeland Security (DHS) full authority to revoke marriage-based green cards eliminating court intervention.

Understanding the Change

The Supreme Court's ruling empowers DHS to unilaterally revoke a marriage-based green card—granted to foreign nationals who marry U.S. citizens or permanent residents—without access to judicial review or approval.  Previously, in certain cases, individuals facing the revocation of their green card could challenge DHS’s decision in court.  However, with this new ruling, DHS can now revoke a marriage-based green card directly, based on its own findings, without involving the judicial system.

The decision primarily targets cases where there are concerns about the legitimacy of the marriage, such as suspected fraud or evidence that the marriage was entered into for the sole purpose of obtaining immigration benefits. The ruling is expected to streamline enforcement but also raises concerns about the potential for more arbitrary or harsh decisions affecting foreign nationals.

What Does This Mean for Foreign Nationals?

For foreign nationals, particularly those holding marriage-based green cards, this decision significantly alters the stability of their immigration status.  Previously, individuals had the right to challenge the revocation of their green card in court.  With the Supreme Court's ruling, foreign nationals now face the possibility of losing their permanent resident status without the ability to seek judicial review.

Foreign Nationals who hold marriage-based green cards must be prepared for increased scrutiny and should consider consulting with immigration attorneys to safeguard their status, particularly in situations where the authenticity of the marriage may be questioned.

What Does This Mean for Employers?

For employers, this ruling has important implications, especially for those who employ foreign nationals with marriage-based green cards.  While the primary focus of the decision is on the revocation of green cards by DHS, it could indirectly affect employers' hiring practices and employee retention.  For instance, an employee whose marriage-based green card is revoked could lose their legal right to work in the U.S., impacting the employer’s workforce.

Let’s Discuss How These Changes Could Affect You or Your Company

If you have questions about how these changes could affect your visa status, or if you're an employer wondering how these changes will impact your hiring practices, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate these complex legal landscapes.

The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To discuss concerns about legal immigration laws and how these anticipated changes will impact you, your employees, or your loved ones, please email us at [email protected].