SCOTUS: Green Cards Cannot Be Granted To Those Here Illegally

SCOTUS: Green Cards Cannot Be Granted To Those Here Illegally

SCOTUS: Green Cards Cannot Be Granted To Those Here Illegally

Green cards cannot and will not be automatically given to those who’ve entered the United States illegally. That is the unanimous ruling of the United States Supreme Court this morning.

The Supreme Court held on Monday that the government can block non-citizens who are in the US under a program that temporarily protects them from deportation in certain situations from applying for a green card if they entered the country unlawfully.

However, there is much more to this case than it appears. It involves a husband and wife who ILLEGALLY entered this country in 1997. Then managed to get themselves on Temporary Protected Status (TPS) after earthquakes in El Salvador in 2001. In 2014, they wanted to be awarded the status of Lawful Permanent Resident (LPR) and be given their green cards. 

As Tyler O’Neill points out, there were a great many usual suspects on board with this and were pushing for SCOTUS to make the decision in favor of the Sanchez family and thus everyone else who has TPS, but came to this country illegally.

This decision will come as a blow to many Democrats. Sens. Mazi Hirono (D-Hawaii), Richard Blumenthal (D-Conn.), Ed Markey (D-Mass.), Elizabeth Warren (D-Mass.), and Sheldon Whitehouse (D-R.I.) joined Reps. Diana DeGette (D-Colo.), Adriano Espaillat (D-N.Y.), Darren Soto (D-Fla.), and Debbie Wasserman Schultz (D-Fla.) in supporting Sanchez’s claim. Democrat attorneys general for Washington, D.C., Massachusetts, California, and 17 other states also backed the illegal immigration loophole.

This is the SEVENTH unanimous decision by SCOTUS in the last few weeks and the second unanimous decision regarding immigration. Both decisions land major blows against the Biden Administration’s stance on open borders and immigration for all, no matter their status. 

In regards to the decision itself, let’s look at it more closely. 

  • The Sanchez family came here illegally
  • The family was granted TPS status due to El Salvador being rocked by devastating earthquakes in 2001
  • Now, even though they came here illegally, they wanted Green Cards or LPR status just handed to them. 

Which is an insult to everyone who follows the rules, applies LEGALLY for their Green Cards and enters this country LEGALLY with those same Green Cards. 

Quite frankly, the Sanchez family and those pushing for their status change were working to game the system. Lots of immigration activists now have their shorts in a knot over this ruling. 

“Today’s decision is not just a setback for those immigrants currently in Temporary Protected Status who did not enter the United States lawfully; it also reinforces the barriers that Dreamers would face until and unless Congress provides a statutory path to some kind of permanent lawful status,” said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law.


Pearl clutching over trying to game the system so that those “who did not enter the United States lawfully,” get handed legal status they didn’t earn.

Yet the argument presented on behalf of the Sanchez family was this:

Specifically, Section 1254a(f)(4) states that “for purposes of adjustment of status under Section 1255 …, the [TPS holder] shall be considered as being in, and maintaining, lawful status as a nonimmigrant.” They asserted that the phrase “considered as being in … lawful status” makes the grant of TPS the equivalent of being inspected and admitted as a lawful nonimmigrant. Sanchez and Gonzalez argued the detailed vetting that accompanies applicants for TPS is equivalent to the vetting that accompanies inspection and admission at a port of entry.

Illegal immigration is a very serious problem in this country. Texas is having to do the work that the Biden Administration won’t in regards to border security. 

Meanwhile, the number of sex offenders who have crossed into this country illegally has skyrocketed by three thousand percent in recent months. 

Yet liberals want Green Cards to be automatically granted to the over 400,000 who currently have TPS status. Furthermore, liberals want TPS status and, by inference, Green Card LPR status granted to anyone who comes here illegally, no questions asked. 

In my opinion, with their unanimous decision, authored by extremely liberal Justice Elena Kagan, the United States Supreme Court sent another signal to the Biden Administration and to Congress regarding illegal immigration. 

U.S. law “generally requires a lawful admission before a person can obtain LPR status. Sanchez was not lawfully admitted, and his TPS does not alter that fact. He therefore cannot become a permanent resident of this country.”

In other words, the law is the law, and attempting to game the system once again doesn’t change that fact. 

Welcome Instapundit Readers!

Feature Photo Credit: US flag, green card button by Stock Studio Aerials via Shutterstock, cropped and modified

Written by

  • Nathan says:

    Did you deliberately use a picture of a European-style keyboard at the top of this post? (Double-high enter key is a dead giveaway)

  • GWB says:

    Green cards cannot and will not be automatically given to those who’ve entered the United States illegally.
    That’s not quite right. What they said was that they had to obey the law and the law says you can’t be given permanent resident status if you entered illegally without going home and re-applying. They couldn’t just ignore that law and that a lawsuit shouldn’t prevail because it’s the law.

    Which is a REAL blow to the progs who want to rule by “scientific” or “compassionate” fiat.

    not just a setback for
    Don’t be so negative. Look at it as an advance for Law and Justice and Sovereignty.

    This is devastating! TPS holders won’t be able to apply for a green card unless they leave the country.
    ZOMG! That’s so truly horrible. It’s horrific! Unimaginable! It’s… like they have to obey the law or something!

    the detailed vetting that accompanies applicants for TPS
    This is sorta like saying “It’s easier to buy a gun than to vote!” There is hardly any vetting at all to qualify for TPS. Pretty much you have to prove you came from the place under consideration. And since most of those places are sh*tholes, the paperwork is very minimal, but accepted.

    Texas is having to do the work that the Biden Administration won’t in regards to border security.
    Sounds like a sovereignty issue. (Also sounds like why the gov’t stopped relying on the states to fund their endeavors; Texas would have every right to simply not offer up their fair share of funds to the feds based on their not doing what they said they would.)

    terrible for asylum-seekers and undocumented migrants
    Awwwww, did we hurt the feelings of people who just want a shot at the good life, but don’t want to do the hard work in their own country to enable it?
    (I still think we should take every illegal and asylum seeker and round them up, give them a pocket US Constitution and DoI, a rifle, a sidearm, and 1,000 rounds of ammo to go with each and say, “Go home and solve your own problems.”)

    In other words, the law is the law
    Which is really bizarre coming from the “wise Latina” and her often expressed BS about basically ruling on feelings of what is “wise” instead of the Law and the Constitution. (It’s very much against her anti-Constitutional leanings, as well.)

  • Linda S Fox says:

    I’m wondering whether the Supremes have been given a heads-up that the Reign of Leftist Terror is nearly at an end, and they can vote without coercion now.

Leave a Reply

Your email address will not be published. Required fields are marked *

Become a Victory Girl!

Are you interested in writing for Victory Girls? If you’d like to blog about politics and current events from a conservative POV, send us a writing sample here.
Ava Gardner