The Supreme Court on Monday ruled unanimously against an illegal, but temporarily protected, immigrant seeking permanent residency in the country.
Justice Elena Kagan wrote that the court agreed with a circuit court decision that illegal immigrants with temporary protected status are not eligible for green cards, which allow them to remain in the country indefinitely. The decision means that immigrants with TPS may remain in the country but cannot establish residency.
TPS is a designation the federal government extends to countries wracked by war or natural disaster. There are currently about 400,000 people in the United States from 12 countries with TPS status. The case at hand came from two El Salvadoran immigrants, Jose Sanchez and Sonia Gonzalez, who entered the country illegally in the 1990s. They have been living under TPS for more than 20 years following a 2001 earthquake in El Salvador and attempted to use that status as leverage in a residency fight. --->READ MORE HERE
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| AP Photo/Andrew Harnik |
The Supreme Court on Monday shot down an attempt by an immigrant who is in the U.S. illegally to claim that he is entitled to a pathway to citizenship because he was granted a deportation amnesty under the Temporary Protected Status program.
Jose Santos Sanchez, a citizen of El Salvador, had argued that once he won TPS under the law he qualified for an adjustment of status to lawful permanent resident — obtaining a green card. But the justices said that was a misreading of the law.
The case turned on the way the law is written, with Mr. Sanchez arguing that TPS meant he was now in nonimmigrant status, which is a prerequisite to get a green card.
But Justice Elena Kagan, writing for the unanimous court, said another part of immigration law requires that those applying for green cards enter the country lawfully.
“Sanchez was not lawfully admitted, and his TPS does not alter that fact. He therefore cannot become a permanent resident of this country,” Justice Kagan wrote. --->READ MORE HEREFollow links below to related stories:
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