What a win for America today as the United States Supreme Court has ruled unanimously 9-0 against illegal immigrants who entered the country illegally 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 entered the country unlawfully.
The case, Sanchez v. Mayorkas, No. 20-315, could effect tens of thousands of immigrants. Anyone who has entered America illegally and stayed will NOT be granted green cards, this is an amazing turn of events for America’s sovereignty.
The case started when a couple of El Salvadorian natives Jose Sanchez and Sonia Gonzalez, both natives of El Salvador entered the United States unlawfully in the 1990’s.
In 2001, they came to the United States after an earthquake hit El Salvador, which gave them a temporary protected status, but that status shouldn’t last 30 years the Supreme Court ruled. The program which should be abolished shields immigrants from parts of the world undergoing armed conflicts and natural disasters from deportation and allows them to work in the United States.
Sanchez and Gonzalez, who are a married couple were granted exemption under the program. In 2014, they applied for lawful permanent residency some 20 years later. Commonly this is known as the green card.
After the application was denied, they sued, even though they were illegals and had never came to America the right way.
The 3rd U.S. Circuit Court of Appeals, in Philadelphia, ruled against them, saying they were ineligible under a part of the immigration laws that require applicants to have been “inspected and admitted” into the United States.
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.
Justice Elena Kagan, writing for the court, said the decision was “a straightforward application” of U.S. law, which generally requires an immigrant to have been lawfully admitted to the U.S. to be eligible for a green card.
Kagan, in her opinion, noted that Congress is considering legislation that would recognize TPS recipients as having been lawfully admitted to the U.S. That bill, the American Dream and Promise Act of 2021, passed the House in March but likely faces long odds in the Senate.
That first part “imposes an admission requirement twice over,” she wrote. It says that applicants for green cards must have been “inspected and admitted or paroled into the United States.” And it adds that people who had worked in the United States without authorization, as Mr. Sanchez had before he was granted temporary protected status, are eligible only if their presence in the United States was “pursuant to a lawful admission.”
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.
“The government may designate a country for the program when it is beset by especially bad or dangerous conditions, such as arise from natural disasters or armed conflicts,” she wrote. “The country’s citizens, if already present in the United States, may then obtain T.P.S. That status protects them from removal and authorizes them to work here for as long as the T.P.S. designation lasts.”
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.
“Lawful status and admission, as the court below recognized,” she wrote, “are distinct concepts in immigration law: Establishing one does not necessarily establish the other.”
“On the one hand, a foreign national can be admitted but not in lawful status — think of someone who legally entered the United States on a student visa, but stayed in the country long past graduation,” Justice Kagan wrote. “On the other hand, a foreign national can be in lawful status but not admitted — think of someone who entered the country unlawfully, but then received asylum. The latter is the situation Sanchez is in, except that he received a different kind of lawful status.”
“Because a grant of T.P.S. does not come with a ticket of admission,” she wrote, “it does not eliminate the disqualifying effect of an unlawful entry.”
What a win for America, God Bless! What a way to start off your Monday Patriots!