It’s My Party, and I’ll Do What I Want to: Making the Case for Judicial Review of National Interest Waiver Denials

Politics and personal beliefs have become increasingly intertwined since the founding of the United States. Few issues have divided Americans more than immigration laws and policies. This Note advances the argument that when a noncitizen’s application for a National Interest Waiver is denied, there must be some recourse. The current problem is exacerbated when the United States Citizenship and Immigration Services, on behalf of the Secretary of Homeland Security, denies a waiver for what appears to be racially or religiously motivated purposes.

Judicial review in an Article III court is the most neutral forum of review that a noncitizen residing in the United States has if he or she feels the denial was, at best, not well-reasoned, and, at worst, violative of constitutional protections.