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Supreme Court rules against permanent residency for some immigrants
Posted on 6/7/21 at 12:37 pm
Posted on 6/7/21 at 12:37 pm
The Supreme Court on Monday ruled that immigrants who entered the U.S. illegally and were later allowed to remain in the country for humanitarian reasons are not eligible to become permanent residents.
The court’s unanimous decision could affect thousands of people, including many who have lived in the U.S. for years and hoped to obtain lawful permanent resident status, or a green card.
The court held that the lawful entry requirement is not dropped even if a person is later granted temporary protected status (TPS) due to humanitarian crises in their home country arising from war or other disasters.
“[N]othing in the conferral of TPS changes that result,” Kagan wrote.
The decision handed a legal victory to the Biden administration, which found itself at odds with a number of Democratic lawmakers and immigrant rights advocacy groups who filed friend of the court briefs in the case.
More than 400,000 people currently live in the U.S. under TPS from a dozen countries including El Salvador, Haiti, Somalia, Syria and Yemen.
The case arose after immigration officials denied a green card application from Jose Santos Sanchez, a citizen of El Salvador. Sanchez entered the U.S. illegally in 1997 and in 2001 received temporary protected status following a series of earthquakes in El Salvador.
Sanchez successfully challenged his denial in federal court when a judge ruled that Sanchez’s TPS status effectively granted him lawful admission to the U.S. But a federal appeals court overturned that ruling, prompting Sanchez’s unsuccessful appeal to the Supreme Court.
Kagan, in her opinion, noted that Congress is considering legislation that would recognize TPS recipients as having been lawfully admitted to the U.S. That bill, the American Dream and Promise Act of 2021, passed the House in March but likely faces long odds in the Senate. LINK
The court’s unanimous decision could affect thousands of people, including many who have lived in the U.S. for years and hoped to obtain lawful permanent resident status, or a green card.
The court held that the lawful entry requirement is not dropped even if a person is later granted temporary protected status (TPS) due to humanitarian crises in their home country arising from war or other disasters.
“[N]othing in the conferral of TPS changes that result,” Kagan wrote.
The decision handed a legal victory to the Biden administration, which found itself at odds with a number of Democratic lawmakers and immigrant rights advocacy groups who filed friend of the court briefs in the case.
More than 400,000 people currently live in the U.S. under TPS from a dozen countries including El Salvador, Haiti, Somalia, Syria and Yemen.
The case arose after immigration officials denied a green card application from Jose Santos Sanchez, a citizen of El Salvador. Sanchez entered the U.S. illegally in 1997 and in 2001 received temporary protected status following a series of earthquakes in El Salvador.
Sanchez successfully challenged his denial in federal court when a judge ruled that Sanchez’s TPS status effectively granted him lawful admission to the U.S. But a federal appeals court overturned that ruling, prompting Sanchez’s unsuccessful appeal to the Supreme Court.
Kagan, in her opinion, noted that Congress is considering legislation that would recognize TPS recipients as having been lawfully admitted to the U.S. That bill, the American Dream and Promise Act of 2021, passed the House in March but likely faces long odds in the Senate. LINK
Posted on 6/7/21 at 12:40 pm to Jbird
quote:
The court’s unanimous decision
quote:
“[N]othing in the conferral of TPS changes that result,” Kagan wrote.
Well hot damn, we may have a chance in this country after all.
This post was edited on 6/7/21 at 12:41 pm
Posted on 6/7/21 at 12:45 pm to TDsngumbo
quote:
Well hot damn, we may have a chance in this country after all.
I'll wait until "thousands" is replaced by "millions"
Posted on 6/7/21 at 1:29 pm to Wtodd
quote:
The decision handed a legal victory to the Biden administration,
How is that???? Its a setback not a victory.
And the 400,000 with TPS, the vast majority of those entered the country legally under the TPS program. Only a handful applied for status after entering illegally and those are probably ones who got caught and an immigration lawyer said lets try this.
Really shatty writing AND research.
By the way, I dont know what you do with those TPS, every president for the last 20 years has just moved it forward rather than dealing with it. We have some from el salvador that literally have anchor grandbabies now. What a friggin mess our immigration is.
Posted on 6/7/21 at 1:36 pm to TDsngumbo
quote:
Well hot damn, we may have a chance in this country after all.
quote:
The decision handed a legal victory to the Biden administration
I wouldn't be too sure.
Posted on 6/7/21 at 1:41 pm to Jbird
Biden will grant citizenship by executive order and the Democrat election officials will register them to vote. Problem solved.
Posted on 6/7/21 at 1:42 pm to Jbird
quote:
The Supreme Court on Monday ruled that immigrants who entered the U.S. illegally and were later allowed to remain in the country for humanitarian reasons are not eligible to become permanent residents.
quote:
The court’s unanimous decision
quote:
The court held that the lawful entry requirement is not dropped even if a person is later granted temporary protected status (TPS) due to humanitarian crises in their home country arising from war or other disasters.
:gottagoback.gif:
Posted on 6/7/21 at 1:50 pm to Jbird
quote:
The court’s unanimous decision
They even got the wise Latinx vote
Posted on 6/7/21 at 2:00 pm to Jbird
The packing threats are biting the Dems in the arse.
Back in the 30s, the threat made the Court bend to FDR's will.
Roberts' stated desire to protect the Court from political interference is likely behind this and similar rulings.
Back in the 30s, the threat made the Court bend to FDR's will.
Roberts' stated desire to protect the Court from political interference is likely behind this and similar rulings.
Posted on 6/7/21 at 2:29 pm to Jbird
So many people in this country are just plain stupid. They do not realize what it takes to become a citizen of the USA. They think just because all those illegals got into the country they should be allowed to stay and become citizens when there are 1000s that try to do it the right way and it takes them years to become citizens.
There is a TV show where 4 British couples are trying to win a homestead in Alaska. The biggest hang up for the winners was getting immigration worked out so they could actually stay more than 30 days. These were British citizens who were just normal people that couldn't come here and just stay forever.
There is a TV show where 4 British couples are trying to win a homestead in Alaska. The biggest hang up for the winners was getting immigration worked out so they could actually stay more than 30 days. These were British citizens who were just normal people that couldn't come here and just stay forever.
This post was edited on 6/7/21 at 3:17 pm
Posted on 6/7/21 at 2:56 pm to Jbird
Unanimous?!?
That is huge!!!
RBG's corpse tried to be the lone dissenter but she was disenfranchised.
That is huge!!!
RBG's corpse tried to be the lone dissenter but she was disenfranchised.
Posted on 6/7/21 at 3:03 pm to udtiger
quote:
Roberts' stated desire to protect the Court from political interference is likely behind this and similar rulings.
Or short opinions (unanimous no less) that are no less than 20 pages are much easier and quicker to get out the door while the more complicated opinions with majorities, concurrences and dissents take longer and will be released at the end of the current term.
Posted on 6/7/21 at 3:53 pm to mtntiger
quote:
Unanimous?!?
That is huge!!!
RBG's corpse tried to be the lone dissenter but she was disenfranchised.
No worries, she will vote in 2022.
Posted on 6/7/21 at 4:55 pm to Jbird
So can someone with more insight into this subject than I have explain what the catch is?
I just have trouble believing the court unanimously made a good decision. There has to be a hidden gotcha here.
I just have trouble believing the court unanimously made a good decision. There has to be a hidden gotcha here.
Posted on 6/7/21 at 5:18 pm to FlyingTiger1955
quote:
Biden will grant citizenship by executive order and the Democrat election officials will register them to vote. Problem solved.
I don't think that can happen that quickly.
Posted on 6/7/21 at 5:21 pm to Jbird
Another unanimous decision. WTF is happening?
Posted on 6/7/21 at 6:12 pm to mtntiger
What the court has decided among themselves that whichever side "wins" the argument they will go to that side with a unanimous agreement. This is telling the democrats that you will have to put 10 on the court in order to effectively "stack it", cause they are going to stick together no matter what.
Posted on 6/7/21 at 7:41 pm to Jbird
As posted elsewhere by:
"knightscrusader"
Not eligible for green card.
Not eligible for citizenship.
Not eligible to vote.
Not useful to leftist politicians.
Bye bye!
"knightscrusader"
Not eligible for green card.
Not eligible for citizenship.
Not eligible to vote.
Not useful to leftist politicians.
Bye bye!
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