Tuesday, 28 September, 2021

US Supreme Court rules against residency for some migrants

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Deanna Wagner | 08 June, 2021, 17:53

Four years ago, the 9th Circuit Court in California ruled that TPS recipients were eligible for green cards even if they entered the country illegally.

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.

Many immigration advocates will lament the fact that numerous 400,000 people with temporary protected status are illegal immigrants and that these people will not be able to become permanent residents. But she added that people who entered without authorisation do not become eligible for green cards thanks to temporary protected status.

Given that Congress differentiated in those cases but did not change the lawful entry requirement for TPS holders, the Court would be unjustified in reading such a function into the statute.

While he and his wife are now protected against deportation back to El Salvador because the US does not deport people back to nations in crisis, Sanchez and his wife were seeking to become lawful permanent residents in the U.S.

Kagan said that there was "no dispute" that Sanchez entered the United States "unlawfully, without inspection".

"He therefore can not become a permanent resident of this country", Kagan concluded.

A federal law called the Immigration and Nationality Act generally requires that people seeking to become permanent residents have been "inspected and admitted" into the United States.

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"Petitioner Jose Santos Sanchez entered this country unlawfully from El Salvador".

In 2001, the US gave Salvadoran migrants legal protection to remain in the USA after a series of earthquakes in their home country. But his administration, like the Trump administration, argued that current immigration law doesn't permit people who entered the country illegally to apply for permanent residency. Sanchez and Gonzalez appealed to SCOTUS, which ruled against them on the basis that 8 U.S.C.

Justice Elena Kagan, writing for the Supreme Court on Monday, agreed, saying that two parts of the immigration laws operate on separate tracks. Those countries include Haiti, Honduras, Myanmar, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Venezuela and Yemen.

The ruling, which has potential to affect hundreds of thousands of immigrants with TPS, was not unexpected, but is being hailed as evidence of the urgency to create a "pathway to citizenship" for TPS holders and other immigrants. The Court unanimously ruled, in an opinion by Associate Justice Sonia Sotomayor, against a previously-deported criminal illegal alien who sought to avoid deportation.

Conservative justice Clarence Thomas initially suggested the Supreme Court would be reluctant to let immigrants with protected status apply for permanent residency when the case was first presented to the court on April 19.

"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".

'They clearly were not admitted at the borders, so is that a fiction, is it metaphysical, what is it?