Supreme Court Eases Deportation of Green Card Holders Accused of Certain Crimes
The U.S. Supreme Court has ruled that federal border officials have broader authority to deny entry and pursue the deportation of lawful permanent residents, commonly known as green card holders, who are suspected of committing certain crimes.
In a 6-3 decision in Blanche v. Lau, the court held that immigration authorities do not need to prove by “clear and convincing evidence” that a returning green card holder committed a crime before treating them as inadmissible at a U.S. port of entry. Instead, officials only need to show there is reason to believe the individual committed a crime involving what immigration law describes as “moral turpitude.”
Writing for the majority, Justice Clarence Thomas said the Immigration and Nationality Act does not require the government to meet the higher evidentiary standard argued by the plaintiff.
The ruling stems from the case of Muk Choi Lau, a Chinese citizen and lawful permanent resident who was stopped at New York’s John F. Kennedy International Airport in 2012 while returning from a trip to China. Immigration officials questioned his admissibility because he was facing trademark-counterfeiting charges in New Jersey. Lau later pleaded guilty and was subsequently ordered deported, though he continued to challenge the decision in court.
Under U.S. immigration law, green card holders who travel abroad are generally allowed to return to the United States. However, exceptions exist for individuals convicted of, or who admit to committing, certain offenses classified as crimes involving moral turpitude.
In a dissenting opinion, Justice Ketanji Brown Jackson, joined by Justices Sonia Sotomayor and Elena Kagan, argued that the government should first be required to prove that a green card holder committed a qualifying crime before stripping them of their legal status.
Jackson warned that the decision could give immigration authorities significantly greater discretion in determining whether lawful permanent residents may re-enter the country.
Legal analysts say the ruling strengthens federal authority over immigration enforcement and could make it easier for border officials to initiate removal proceedings against green card holders returning from overseas travel when criminal allegations are involved. The decision is expected to have important implications for lawful permanent residents with pending or past criminal cases.
