Weekly Immigration Round-Up: TPS Holders Barred From Applying for Permanent Residence; Future Uncertain for Detention for Civil Immigration Violations in New Jersey and California
Friday, June 11, 2021
Immigrants Under Temporary Protected Status Denied Green Cards
On Monday, the U.S. Supreme Court ruled that immigrants who entered the United States without inspection and were later granted Temporary Protected Status (“TPS”) would not be able to apply to become permanent residents under most circumstances.
Federal law requires immigrants seeking to become permanent residents of the United States (“green card” holders) to have been “inspected and admitted” into the country at a port of entry, such as at an airport or inspection point at a land border with Canada or Mexico. But immigrants who, regardless of their manner of entry, are citizens of countries facing large-scale natural disasters, such as earthquakes or civil war, may be granted TPS and permission to remain in the U.S. The Supreme Court was asked to determine whether a noncitizen who had unlawfully entered the United States but was later granted TPS satisfied the “inspection and admission” requirement. In a unanimous decision, Justice Elena Kagan wrote that “because a grant of TPS does not come with a ticket of admission, it does not eliminate the disqualifying effect of an unlawful entry.”
The decision will impact thousands of immigrants who are currently in the United States under TPS, particularly those who are married to American citizens.
Bill Prohibiting Immigration Detention Agreements Advances in New Jersey Legislature While the Department of Justice Fights California’s Ban on Private Detention
https://www.natlawreview.com/article/weekly-immigration-round-tps-holders-barred-applying-permanent-residence-future
