Supreme Court Rules Against Immigrants Seeking Green Cards

The Supreme Court ruled unanimously on Monday that immigrants allowed to stay in the United States temporarily for humanitarian reasons may not apply for green cards if they had entered the country unlawfully.

The case, Sanchez v. Mayorkas, No. 20-315, could affect tens of thousands of immigrants. It was brought by Jose Sanchez and Sonia Gonzalez, natives of El Salvador who entered the United States unlawfully in the late 1990s.

In 2001, after earthquakes devastated El Salvador, the United States made that country’s nationals eligible for the “temporary protected status” program. {snip}

Mr. Sanchez and Ms. Gonzalez, a married couple, were granted protection under the program. In 2014, they applied for lawful permanent residency, commonly known as a green card. After their application was denied, they sued.

The United States Court of Appeals for the Third Circuit, in Philadelphia, ruled against them, saying they were ineligible under a part of the immigration laws that requires applicants to have been “inspected and admitted” into the United States.

Temporary protected status, Judge Thomas M. Hardiman wrote for the unanimous three-judge panel, “does not constitute an admission.”

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Justice Elena Kagan, writing for the Supreme Court on Monday, agreed, saying that two parts of the immigration laws operate on separate tracks. One part allows some people who have entered the country lawfully to apply for green cards.

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The other relevant part of the immigration laws, Justice Kagan wrote, allows immigrants, whether they entered the country lawfully or not, to apply for temporary protected status, or T.P.S.

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The two tracks can sometimes merge, Justice Kagan wrote, if the recipient of temporary protected status entered the country lawfully. But she added that people who entered without authorization do not become eligible for green cards thanks to temporary protected status.

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