The US Supreme Court recently ruled that immigration officials have some power over the admission of returning green card holders, a ruling that could affect many lawful permanent residents worldwide.
In a 6-3 decision in the case known as Blanche v. Lau, the high court ruled that immigration officers were in the right when they put resident alien Muk Choi Lau on immigration parole.
What Is Blanche v. Lau?
The case goes back to 2012, when Lau, a Chinese citizen and US green card holder, was treated by immigration officers as 'seeking an admission' rather than given automatic entry back to the US following a trip to his home country. The immigration officers ruled this way because Lau was facing a counterfeiting charge in New Jersey.
Lau eventually pleaded guilty to trademark and counterfeiting, was convicted, and sentenced to two years in prison.
But that was beside the point, as one of the dissenters, Justice Ketanji Brown, said that Lau was essentially placed on immigration parole before his conviction. She wrote in her dissent, 'I worry that the Court has now handed the Government a massive blank check.'
Many fear that the green card ruling will give Immigration and Customs Enforcement (ICE) officers broader authority to deport lawful permanent residents. President Donald Trump has been rigid in his anti-immigration stance.
Could It Affect British and European Expats Living in America?
The US Supreme Court's immigration ruling affects all green card holders worldwide. It is worth noting that Blance v. Lau affects green card holders who have committed 'a crime involving moral turpitude or an attempt or conspiracy to commit such a crime' or 'a violation of any law or regulation of a State, the United States, or a foreign country relating to a controlled substance.'
While US border entry rules affect British and European expats in America, those without criminal cases have no reason to worry.
However, there used to be a leeway where legal immigrants facing criminal charges but had not been convicted could return to the US without any problem. In previous cases, the immigration court ruled on immigration parole.
As immigration policy expert Aaron Reichlin-Melnick explained, 'Green card holders are not considered to be "seeking admission" unless they fall within an exception in immigration law. Before, it was thought that decision of when the exception applies occurred in immigration court. Today, SCOTUS says otherwise; border officials can decide too.'
However, immigration officials are not allowed to deport green card holders. They can, however, subject returning resident aliens to extensive questioning or deportation proceedings.
Those facing grave offences may be held in ICE custody, while others are allowed to post bond or granted 'immigration parole' or a temporary stay in the US, which was essentially what happened to Lau.
'The decision does not mean that green card holders can simply be ordered deported by officials. That decision will remain up to immigration judges in removal proceedings,' said Reichlin-Melnick.
About 5% to 8% of Europeans have applied for permanent residency in the US between 2015 and 2024, according to the Office of Homeland Security Statistics.
