Choice is a blow to hundreds of immigrants with Momentary Protected Standing.
A unanimous Supreme Court docket on Monday stated immigrants who entered the U.S. illegally can not apply for inexperienced playing cards just because they take pleasure in Momentary Protected Standing, or TPS.
The choice is a setback for hundreds of U.S. residents who’re quickly protected against deportation due to unsafe situations of their dwelling international locations and now wish to stay completely within the U.S.
“The query right here is whether or not the conferral of TPS allows him to acquire LPR [Legal Permanent Residency] standing regardless of his illegal entry. We maintain that it doesn’t,” Justice Elena Kagan wrote within the opinion.
Federal regulation permits some nonimmigrants to hunt an adjustment of their authorized standing within the U.S. offered that they’ve been “admitted” to the nation. Kagan defined that TPS — a designation conferred by the State Division due to humanitarian or safety situations in a rustic — shouldn’t be itself admission.
The case was introduced by Jose Santos Sanchez, a Salvadoran immigrant who entered the U.S. illegally in 1993 however was later protected below TPS in 2001. He utilized for a inexperienced card in 2014 however was deemed ineligible.
The Supreme Court docket’s ruling signifies that determination will stand.
There are an estimated 320,000 international nationals at the moment residing within the U.S. and guarded by TPS, in keeping with the Congressional Analysis Service. The immigrants hail from 10 international locations: El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, and Yemen.
A lot of these, particularly from Central America, weren’t lawfully admitted to the U.S., in keeping with immigration advocates. If and when TPS standing is revoked, they are going to be anticipated to return to their dwelling international locations or face attainable deportation.
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