Supreme Court Hears Case on TPS and Green Cards

The United States Supreme Court heard arguments Monday regarding the Temporary Protected Status (TPS) program and the ability of immigrants with TPS who entered the country without documents to seek green cards.  The case was brought by two Salvadoran immigrants who entered the US in 1997 and 1998, receiving TPS status in 2001 when El Salvador was designated as eligible.  It appears unlikely that the Supreme Court will decide in their favor.  The case is Sanchez v. Mayorkas.

A ruling in this case could affect hundreds of thousands of immigrants from numerous countries who have TPS and entered the country without documentation.  At issue is the wording of a legal statute that states that immigrants must be “inspected and admitted or paroled into the United States” to adjust status.  United States Citizenship and Immigration Services (USCIS) and the 3rd Circuit Court of Appeals do not believe that the applicants meet this requirement, even though they have been in the country for more than 20 years.  US Supreme Court watchers believe that the majority of justices agree.

A recent immigration bill that was passed in the US House of Representatives, named the American Dream and Promise Act of 2021, included the ability for TPS holders to seek permanent residency by specifying that all individuals with TPS designation are considered inspected and admitted.  However, the bill currently faces an uphill battle in the US Senate.  There is a small possibility that a ruling against the TPS applicants in this case could spur action in the Senate on this or another immigration bill.

The Law Offices of Scott Warmuth continuously monitors any potential changes to immigration law so we can be prepared to immediately help our clients achieve their immigration goals.  We provide free initial immigration consultations and can help you determine any possible avenues to securing a visa or green card.  Call us today at 888-517-9888.

Leave a Comment