Abstract
This Note critiques a pervasive mode of discrimination that goes unchecked. Consular absolutism allows consular immigration officers to make discriminatory visa decisions, which are not subject to review. This Note begins with a discussion of the case law that developed the concept of consular absolutism, primarily by analyzing the Supreme Court’s gloss on the plenary power of the federal government in the realm of immigration. This Note then discusses how courts have built upon the plenary power doctrine to establish consular absolutism.
This Note suggests that Congress should amend the Immigration and Nationality Act (INA) to grant a private right of action to challenge visa denials based on discrimination in federal court in order to abolish consular absolutism. It further suggests that the Fifth Amendment Due Process Clause provides a constitutional basis for such an amendment. Additionally, or in the alternative, this Note suggests that Congress should amend the INA to establish a Visa Review Board within the Department of State vested with the power to conduct intra-executive reviews of consular visa denials.
Recommended Citation
Justina Fakhry,
Coming to America: How Consular Absolutism Leads to Discrimination,
36 U. Fla. J.L. & Pub. Pol'y
435
(2026).
Available at: https://scholarship.law.ufl.edu/jlpp/vol36/iss2/5