Migrants Temporarily in US Ineligible for Permanent Residency

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

Unanimous Supreme Court Denies Immigrant Couple Green Cards, Challenges Congress to Pass ‘Pathway to Citizenship’ Law

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

In 2001, after earthquakes devastated El Salvador, the United States made that country's nationals eligible for the "temporary protected status" program.

There are about 400,000 people in the United States with protected status, which prevents deportation and lets them work legally.

Sanchez and Gonzalez, a married couple, were granted protection under the program. After their application was denied, they sued.

The high court ruled in Sanchez v. Mayorkas that an immigrant with a TPS designation can still have an application for lawful permanent residence rejected. Sanchez has never claimed that he can, without aid from the TPS provision, satisfy those demands for admission.

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"As its name suggests", he wrote, "this protection is meant to be temporary".

The Supreme Court ruled in the case on a day when U.S. Vice President Kamala Harris visits Guatemala as part of the Biden administration's efforts to lower migration to the United States from that country as well as El Salvador and Honduras.

In Sanchez v. Mayorkas, Kagan noted that USA immigration law, "applied according to its plain terms, prevents Sanchez from becoming an LPR". Indeed, §1255 imposes an admission requirement twice over.

Sanchez has worked for Viking Yachts since he has been in the United States, and his company was enthusiastic about him receiving a green card.

The Supreme Court on Monday unanimously refused to let immigrants who have been allowed to stay in the United States on humanitarian grounds apply to become permanent residents if they entered the country illegally.

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The Supreme Court held on Monday that the government can block non-citizens who are in the United States under a program that temporarily protects them from deportation in certain situations from applying for a green card if they entered the country unlawfully. "The country's citizens, if already present in the United States, may then obtain TPS". He said that TPS holders know that it is a temporary form of relief from removal and that it "will not last forever".

Kagan writes that while Congress "could have gone further by deeming TPS recipients to have not only nonimmigrant status but also a lawful admission", it is not in the Court's authority "to say that the something it does is not enough".

"An "admission" is defined as 'the lawful entry of the alien into the United States after inspection and authorization by an immigration officer, '" she wrote.

He urged the court to defer to the position taken by the agency in the case and he noted that there are "tens of thousands" of TPS holders who have adjusted their status, but they had been lawfully admitted as a student or an au pair or a temporary worker. Yet blatant violations of immigration law do not disappear when Congress grants illegal immigrants a temporary status due to frightful conditions in their home countries. "The latter is the situation Sanchez is in, except that he received a different kind of lawful status".

"The question here is whether the conferral of TPS enables him to obtain LPR status despite his unlawful entry".

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