Credit: Jack Gruber, USA TODAY , USA TODAY NETWORK via Imagn Content Services, LLC
Syndication: USATODAY
A unanimous Supreme Court has ruled that thousands of people living in the U.S. for humanitarian reasons can’t apply to be permanent residents. Justice Elena Kagan wrote the opinion of the court on Monday that federal immigration law prohibits people who entered the country illegally and now have Temporary Protected Status from seeking “green cards” to stay in the U.S. permanently.
SCOTUS rules 9-0 against non-citizens who entered the U.S. without authorization in the 1990s, were allowed to remain in the country for humanitarian reasons under the "temporary protected status" program, and now seek green cards under the "adjustment of status" process.
— SCOTUSblog (@SCOTUSblog) June 7, 2021
“In plain English: A married couple entered the U.S. from El Salvador,” tweeted SCOTUSblog. “They’re protected from deportation under a program in which the U.S. doesn’t send people back to nations in crisis. The couple applied to become lawful permanent U.S. residents. SCOTUS said they don’t qualify.”
The case originated from Jose Santos Sanchez from El Salvador who entered the U.S. illegally in 1993 but was later protected under TPS in 2001. He applied for a green card in 2014 but was denied.
There are 400,000 people from 12 countries with TPS status, which is meant for people who come from countries affected by war or disaster. This protects them from deportation and allows them to work legally in the U.S.
Kagan mention that the House of Representatives already passed legislation that would make it make possible for TPS recipients to become permanent resident, but the bill faces an uphill battle in the Senate.
