Justices hear case on power to readmit residents
Blanche v. Lau asks whether officials can rely on criminal charges alone to change the status of green card holders
WASHINGTON (Gray DC) -The Supreme Court is set to hear arguments in “Blanche v. Lau,” a case that could change the standards of immigration officers tasked with re-admitting permanent residents into the U.S.
The case asks whether border officials can rely only on criminal charges without a conviction when determining whether a permanent resident has committed an offense making them ineligible for typical readmittance.
The case revolves around Muk Choi Lau, a Chinese citizen living in the U.S. as a green card holder. Lau was charged with trademark counterfeiting and soon after, temporarily left the country. Upon his return, immigration officers did not “admit” him as they normally would a permanent resident. Instead, he was “paroled” back into the U.S., making it easier for the government to deport him.
After Lau entered a guilty plea in the counterfeiting case and was officially convicted, the U.S. government moved for his removal.
Lau claims he should not have been paroled, and an appeals court agreed; ruling officers must have “clear and convincing evidence” a crime has been committed to parole a lawful permanent resident. The court believed a criminal charge alone without a conviction didn’t meet those standards.
For the organization Asian Americans Advancing Justice, the concern is what lowering that standard would mean, giving each individual immigration officer discretion to determine guilt.
“This case will affect [LPR’s] rights pretty substantially,” said Noah Baron of Asian Americans Advancing Justice. “One officer might believe that an arrest is sufficient. Another might not,” Baron said.
A ruling could mean more than just Lau’s future. If justices side with the Department of Justice, it could give immigration officers more power to remove lawful permanent residents, potentially opening the door to deporting those who are innocent.
“The presumption of our criminal justice system is that someone is innocent until proven guilty, and that should not be any lower for individuals who have green card status,” Baron said.
Justices will hear arguments in Blanche v. Lau Wednesday, April 22.
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