Supreme Court rules against migrants who entered illegally

Supreme Court: No green card for TPS holders after illegal entry

Now, the couple and thousands of others like them wish to obtain lawful permanent resident status (colloquially referred to as "getting green cards").

The Supreme Court held on Monday that the government can block non-citizens who are in the USA under a program that temporarily protects them from deportation in certain situations from applying for a green card if they entered the country unlawfully.

Currently, there are about 400,000 people with TPS status in the country and 85,000 have managed to adjust status. "He therefore can not become a permanent resident of this country", Justice Elena Kagan wrote in the court's opinion. The question here is whether the conferral of TPS enables him to obtain LPR status despite his unlawful entry.

The case was inherited from the Trump administration, and separated the Biden administration from its usual allies calling for leniency in immigration matters.

The designation applies to people who come from countries ravaged by war or disaster. Years later, because of unsafe living conditions in that country, the Government granted him Temporary Protected Status (TPS), entitling him to stay and work in the United States for as long as those conditions persist. Democratic senators and attorneys general advocated for this loophole, but a liberal justice wrote the opinion for a unanimous Court. "He therefore can not become a permanent resident of this country".

"Lawful status and admission, as the court below recognized are distinct concepts in immigration law: Establishing one does not necessarily establish the other", she wrote.

Jose Santos Sanchez, an illegal alien from El Salvador, came to the US illegally in 1997.

The ruling in Sanchez v. Mayorkas, authored by Justice Elena Kagan, could affect tens of thousands of immigrants now living in the US under Temporary Protected Status, the Associated Press reported. In 2014, the couple sought to apply to "adjust" their status to become lawful permanent residents and apply for a green card. After a series of earthquakes in 2001, the United States designated El Salvador as covered under the Temporary Protected Status program.

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Monday's decision does not affect immigrants with TPS who initially entered the US legally and then, say, overstayed their visa, Kagan noted.

Temporary protected status has been extended to about 320,000 immigrants from El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan.

The Supreme Court says it will release more rulings on Thursday.

Although a district court ruled in favor of the couple, an appeals court reversed the decision.

'The Executive Branch may have some authority to confer forms of temporary legal status on those who crossed the border without permission, but the Supreme Court today reinforced, however indirectly, that only Congress can provide a permanent answer'.

"'Recipients of TPS, ' the agency reasoned, "must still meet the threshold requirement" of a lawful entry", the justice continued.

"On the other hand, a foreign national can be in lawful status but not admitted-think of someone who entered the country unlawfully, but then received asylum". But they were not lawfully admitted.

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