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Supreme Court says TPS recipients who arrived illegally have no right to green card

  
Via:  Vic Eldred  •  5 years ago  •  16 comments

By:   YahooNews

Supreme Court says TPS recipients who arrived illegally have no right to green card
Supreme Court says those receiving temporary protected status who entered the United States illegally do not have a right to lawful permanent status.

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We the People


S E E D E D   C O N T E N T



The Supreme Court on Monday dealt a setback to hundreds of thousands of immigrants who have so-called temporary protected status, ruling they can't have a green card if they entered the country illegally.

In a 9-0 decision, the justices said federal law protects these immigrants from deportation and it allows them to obtain a work permit, but it does not give them a right to lawful permanent status unless they are here "pursuant to a lawful admission."

That means TPS recipients who entered the county legally as students or tourists, and stayed under TPS may obtain a green card, said Jusice Elena Kagan. But the same is not true of those who entered illegally.

"Because a grant of TPS does not come with a ticket of admission," she wrote in Sanchez vs. Mayorkas, "it does not eliminate the disqualifying effect of an unlawful entry."

Temporary protected status has been extended to about 320,000 immigrants from El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan.

But lower courts had been divided over whether these migrants, many of whom have lived here for decades, may apply for and receive lawful permanent status. Four years ago, the 9th Circuit Court in California ruled that TPS recipients were eligible for green cards even if they entered the country illegally.

The case decided by the Supreme Court began when Jose Sanchez and his wife, Sonia Gonzalez, sought green cards. They arrived from El Salvador in the late 1990s, established lives and careers in New Jersey and had four sons. But they were not lawfully admitted.

Kagan said Congress is considering legislation that would allow such TPS recipients to obtain lawful permanent resident status, but only Congress, not the court, can change the law in this respect.

"Sanchez was not lawfully admitted, and his TPS does not alter that fact," she wrote. "He therefore cannot become a permanent resident of this country."

This story originally appeared in Los Angeles Times.


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Vic Eldred
Professor Principal
1  seeder  Vic Eldred    5 years ago

A unanimous decision in favor of immigration law. No green card and no "thank you vote!"

 
 
 
Hallux
Professor Principal
1.1  Hallux  replied to  Vic Eldred @1    5 years ago

9-0 ... darn ... nothing to blame democrats on. Moving on, a green card does not give one the right to vote in Federal elections.

 
 
 
Vic Eldred
Professor Principal
1.1.1  seeder  Vic Eldred  replied to  Hallux @1.1    5 years ago
Moving on, a green card does not give one the right to vote in Federal elections

Nor should a driver's license!

 
 
 
Hallux
Professor Principal
1.1.2  Hallux  replied to  Vic Eldred @1.1.1    5 years ago
Nor should a driver's license!

My CA driver's license was marked accordingly.

 
 
 
Just Jim NC TttH
Professor Expert
1.1.3  Just Jim NC TttH  replied to  Hallux @1.1.2    5 years ago

How long ago was that if you don't mind? If I remember correctly, didn't some locales in CA make it legal for illegals to vote in "local" elections? or didn't that pass??

 
 
 
Greg Jones
Professor Participates
1.1.4  Greg Jones  replied to  Hallux @1.1    5 years ago

It's been shown that hundreds, or even thousands, do vote

 
 
 
Snuffy
Professor Participates
1.1.5  Snuffy  replied to  Just Jim NC TttH @1.1.3    5 years ago

San Francisco and then some local elections in Maryland.

 
 
 
1stwarrior
Professor Participates
2  1stwarrior    5 years ago

How 'bout that - SCOTUS - 9 - 0 - ruled the Immigration Laws are valid.

Way to go.

 
 
 
Vic Eldred
Professor Principal
2.1  seeder  Vic Eldred  replied to  1stwarrior @2    5 years ago

They can't blame anyone!

 
 
 
Sean Treacy
Professor Principal
3  Sean Treacy    5 years ago

Tomorrow Joe Biden announces the Court needs 10 more justices....

 
 
 
Ronin2
Professor Quiet
3.1  Ronin2  replied to  Sean Treacy @3    5 years ago

If only you were kidding. He has the FDR mentality for sure.  He just needs a world war to secure his legacy.

 
 
 
bugsy
Professor Participates
3.1.1  bugsy  replied to  Ronin2 @3.1    5 years ago

I don't even think he really knows what is going on around him, and unfortunately, I am not joking about it. I believe his handlers are making all of the decisions, and he knows that he is president in name only, and that he is to only read what he is told to read....and nothing more.

 
 
 
TᵢG
Professor Principal
3.2  TᵢG  replied to  Sean Treacy @3    5 years ago

If he does he would be making a political and ethical mistake.

 
 
 
Tacos!
Professor Guide
4  Tacos!    5 years ago

It’s hard to believe this was even a question.

 
 
 
TᵢG
Professor Principal
5  TᵢG    5 years ago

What a shame that the SCotUS found it necessary to affirm to the USA that illegal immigration is ... illegal and that the proper path to citizenship is to first become a legal immigrant.

SMH

 
 
 
1stwarrior
Professor Participates
5.1  1stwarrior  replied to  TᵢG @5    5 years ago

Goes back, mostly, to 1986 TiG.  So friggin' sad that it just keeps on keep'n on.

 
 

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