The United States Supreme Court has ruled in favor of the Trump administration in a case concerning the treatment of lawful permanent residents returning to the country, handing the government broader authority to challenge the status of green card holders at border crossings.
In a 6-3 decision issued Tuesday, the court found that immigration officers do not need clear and convincing evidence that a green card holder committed a crime before treating them as an applicant for admission and placing them on immigration parole.
The case centered on Muk Choi Lau, a Chinese national and lawful permanent resident, who was placed on immigration parole after returning from a trip to China in 2012 while facing allegations of selling counterfeit clothing.
The dispute arose after Lau was arrested in New Jersey in 2012 and charged with allegedly selling nearly $300,000 worth of counterfeit goods.
When he returned to the United States after a brief trip abroad, immigration officers determined that the pending criminal allegations rendered him inadmissible under provisions of immigration law covering crimes involving moral turpitude.
Lau argued that officers exceeded their authority because he had not been convicted at the time.
A federal appeals court later ruled that immigration officials needed clear and convincing evidence that he had committed a disqualifying crime before changing his status.
The Supreme Court overturned that decision.
Writing for the majority, Justice Clarence Thomas said federal law does not require border officers to possess clear and convincing evidence that a lawful permanent resident committed such a crime before treating that individual as an applicant for admission.
The court’s liberal justices dissented, warning that the ruling could weaken due process protections for legal permanent residents.
Justice Ketanji Brown Jackson argued that the decision grants the government significant discretion over green card holders and could leave individuals in prolonged legal uncertainty before their cases are resolved.
The ruling marks a significant victory for the Trump administration as it continues efforts to expand immigration enforcement powers and challenge a range of legal immigration protections.
The decision also comes amid broader disputes over immigration policies, including legal challenges involving asylum applicants, Temporary Protected Status recipients, and other groups whose immigration status remains under review by courts and federal agencies.