Supreme Court Rules Against Tattooed Man Denied Citizenship

(Dreamstime)

The Supreme Court ruled 6-3 against a Los Angeles woman whose Salvadorian husband was denied citizenship because he had gang tattoos.

Luis Ascencio-Cordero has been separated from his wife, a Los Angeles civil rights attorney, since his visa was denied during a consular interview in El Salvador, the Los Angeles Times reported.

The government believed he was an MS-13 gang member because of his tattoos, an interview and a background check. Cordero has never been convicted of a crime in the United States, the L.A. Times reported.

Cordero said the tattoos — a comedy and tragedy theater mask, La Virgen de Guadalupe, and a tribal design with a paw print — are not gang affiliated. A court-approved gang expert sided with Cordero, the L.A. Times said.

Munoz claimed the government violated her rights to marriage and due process over his visa denial, the L.A. Times said.

Writing for the majority, Justice Amy Coney Barrett on Friday said such denials don’t implicate the rights of U.S. citizens. Barrett was joined in her majority by the court’s conservative wing, while the three justices on the court’s liberal wing dissented.

Previously, the 9th Circuit of Appeals ruled in favor of the couple, but the Biden administration appealed to the Supreme Court claiming that because Munoz and Cordero could live outside the country, her right to marriage was not violated, according to the L.A. Times.

The government said immigration officers have broad discretion on who to admit into the country and that disclosing specific details would slow processing and pose a risk to public safety, the Times reported.