In a 6-3 decision in Blanche v. Lau, the Supreme Court’s conservative majority sided with the Trump administration, ruling border officials can revoke green cards from returning residents based on suspicion of criminal activity without requiring evidence.
The Independent reports Justice Ketanji Brown Jackson criticized her conservative colleagues for betraying existing green card holders.
The case involved Muk Choi Lau, a lawful permanent resident who returned from China in 2012 and was placed on immigration parole after being accused of counterfeiting crimes, the outlet explains.
Though Lau later pleaded guilty to selling counterfeit clothes, he challenged the officer’s authority in triggering deportation proceedings.
Justice Clarence Thomas wrote that border officers were not required to establish by clear and convincing evidence that Lau had committed a crime.
Justice Ketanji Brown Jackson, joined by Justices Sonia Sotomayor and Elena Kagan, dissented sharply and argued, “That sequencing undermines the plain terms and basic operation of the relevant statutory scheme, which guarantees that lawful permanent residents will not be ‘regarded as seeking an admission’ at the border unless certain exceptions apply.”
Justice Brown Jackson also warned the ruling gave the government a massive blank check to rewrite immigration law and leave green card holders in legal limbo for years.
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