A unanimous Supreme Court dominated Monday that hundreds of individuals dwelling within the US for humanitarian causes are ineligible to use to grow to be everlasting residents.
Justice Elena Kagan wrote for the court docket that federal immigration regulation prohibits individuals who entered the nation illegally and now have Temporary Protected Status from in search of inexperienced playing cards to stay within the nation completely.
The designation applies to individuals who come from international locations ravaged by battle or catastrophe. It protects them from deportation and permits them to work legally. There are 400,000 individuals from 12 international locations with TPS standing.
The end result in a case involving a pair from El Salvador who’ve been within the U.S. for the reason that early Nineties turned on whether or not individuals who entered the nation illegally and got humanitarian protections had been ever admitted into the United States underneath immigration regulation.
Kagan wrote that they weren’t. The TPS program provides overseas nationals nonimmigrant standing, nevertheless it doesn’t admit them. So the conferral of TPS doesn’t make an illegal entrant…eligible” for a inexperienced card, she wrote.
The House of Representatives already has passed legislation that would make it make possible for TPS recipients top become permanent residents, Kagan noted. The bill faces uncertain prospects in the Senate.
The case pitted the Biden administration against immigrant groups that argued many people who came to the U.S. for humanitarian reasons have lived in the country for many years, given birth to American citizens and put down roots in the U.S.
In 2001, the U.S. gave Salvadoran migrants legal protection to remain in the U.S. after a series of earthquakes in their home country.
People from 11 other countries are similarly protected. They are: Haiti, Honduras, Myanmar, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Venezuela and Yemen.
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