Page:Kerry v. Din.pdf/4

2

Opinion of SCALIA, J. What ’s dissent strangely describes as a "deprivation of her freedom to live together with her spouse in America," post, at 4–5, is, in any world other than the artificial world of ever-expanding constitutional rights, nothing more than a deprivation of her spouse’s freedom to immigrate into America.

For the reasons given in this opinion and in the opinion concurring in the judgment, we vacate and remand.

Under the Immigration and Nationality Act (INA), 66 Stat. 163, as amended, 8 U. S. C. §1101 et seq., an alien may not enter and permanently reside in the United States without a visa. §1181(a). The INA creates a spe­cial visa-application process for aliens sponsored by "im­mediate relatives" in the United States. §§1151(b), 1153(a). Under this process, the citizen-relative first files a petition on behalf of the alien living abroad, asking to have the alien classified as an immediate relative. See §§1153(f), 1154(a)(1). If and when a petition is approved, the alien may apply for a visa by submitting the required documents and appearing at a United States Embassy or consulate for an interview with a consular officer. See §§1201(a)(1), 1202. Before issuing a visa, the consular officer must ensure the alien is not inadmissible under any provision of the INA. §1361.

One ground for inadmissibility, §1182(a)(3)(B), covers "[t]errorist activities.” In addition to the violent and de­structive acts the term immediately brings to mind, the INA defines “terrorist activity” to include providing mate­ rial support to a terrorist organization and serving as a terrorist organization’s representative. §1182(a)(3)(B)(i), (iii)–(vi).

Fauzia Din came to the United States as a refugee in