Supreme Court Rules on Green Card Reentry Standards

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The U.S. Supreme Court decided in Blanche v. Lau that border officials may classify returning lawful permanent residents with pending criminal charges as applicants for admission without clear and convincing evidence of a crime.

This decision changes how border officers evaluate returning green card holders who face outstanding prosecutions. Under this standard, the government does not need to show clear and convincing evidence of a crime before treating these individuals as applicants for admission.

New Standards for Border Inspections

The high court ruling eliminates the need for clear and convincing evidence of a crime when border officers evaluate returning lawful permanent residents with pending charges. This decision is detailed in the Supreme Court slip opinion.

By classifying these returning residents as applicants for admission, border officials can apply different inspection standards. This change alters the procedural path for lawful permanent residents returning to the United States with active charges.

Recommendations for International Travel

Our team advises green card holders who have outstanding criminal charges to exercise extreme caution before undertaking international travel. Traveling outside the country under these circumstances carries heightened risks at the port of entry.

We recommend that individuals with pending charges consult with an attorney to evaluate potential risks of placement into removal proceedings upon their return. A detailed review of individual circumstances is important to navigate these entry standards.

Understanding these updated legal standards is essential for individuals seeking to maintain their status while resolving outstanding legal matters. Green card holders must carefully consider these risks before planning departures from the United States.