Supreme Court makes it easier for border agents to deport green card holders accused of crimes
The U.S. Supreme Court's conservative majority on Tuesday bolstered the ability of federal border agents to remove from the country lawful permanent residents, or green card holders, who may have committed a crime involving "moral turpitude."
In a 6-3 decision by Justice Clarence Thomas in Blanche v. Lau, the court said border agents do not bear the burden of having to prove by "clear and convincing evidence" that an immigrant seeking to re-enter the country after a trip abroad had committed a crime before denying them admission, but need only show that there was reason to believe they had.
"The Immigration and Nationality Act does not impose that requirement," Thomas wrote.
The ruling effectively makes it easier for border officials to strip lawful permanent resident (LPR) status from people as they arrive at U.S. ports of entry.
It is also a setback for plaintiff Muk Choi Lau, a Chinese citizen and U.S. green card holder who was deemed inadmissible at New York's John F. Kennedy International Airport in 2012 as he was returning from a trip to China. Officials denied his formal re-entry into the U.S. because he faced New Jersey state charges for trademark counterfeiting at the time, though he was conditionally allowed readmission.
U.S. immigration law states that green card holders who legally leave the U.S. for short periods should be allowed to re-enter, but there are exceptions – among them if the green card holder is convicted of or admits to having committed "a crime involving moral turpitude."
A year later, Lau pleaded guilty to the counterfeiting charge and was subsequently ordered deported. He continued to contest his removal, arguing that the crime didn't constitute one of "moral turpitude."
In a dissent, Justice Ketanji Brown Jackson, joined by justices Sonia Sotomayor and Elena Kagan, argued that the government must bear the burden of first proving that a green card holder had, in fact, committed a crime before stripping their status.
"I worry that the court has now handed the government a massive blank check," Jackson wrote, in part. "With today's the decision, the Court allows the government to return an LPR to the status of 'seeking admission' upon his entry at the border, so long as the government is able to show later that he was eventually convicted. That sequencing undermines the plain terms and basic operation" of the law.
