North Texas (CBSDFW.COM/CNN) – The U.S. Supreme Court has ruled that the government can block green card applications if non-citizens illegally enter the country under a program that temporarily protects them from deportation in certain circumstances. did.
Judge Elena Kagan wrote to a unanimous court.
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“Today’s decision is not just a setback for immigrants who have not legally entered the United States and are currently in temporary protection status. It also provides Congress with a statutory path to some permanent legal status. Until, and otherwise, it strengthens the barriers that Dreamers will face, “said Professor Steve Vladeck of the University of Texas School of Law.
“The executive branch may have some authority to give temporary legal status to cross-border people without permission, but the Supreme Court today is indirect, but only Congress is permanent. We have strengthened our ability to provide the best answers, “he added.
The proceedings are against a New Jersey couple, Jose Sanchez and Sonia Gonzalez, who illegally entered the United States in 1997 and 1998 and now have four children. Their youngest are born in the United States and are citizens.
After a series of earthquakes in El Salvador in 2001, they applied for and obtained temporary protection status. This protects foreigners in the United States from deportation in the event of an armed conflict or environmental disaster in their home country. In 2014, the couple applied for a “coordination” and a green card to become a legal permanent resident.
The U.S. Citizenship and Immigration Department rejected the application, noting that they were not legally entered and were not officially in the United States and therefore were not eligible to apply.
This case faced two sections of immigration law, one stating that TPS people should be considered “maintaining legal status” and the other adjusting status. In order for TPS individuals to be legally recognized.
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Kagan said granting TPS status does not qualify illegal participants like Sanchez for green cards.
Mr. Cargan said he “has no objection” to Mr. Sanchez’s entry into the United States “illegally without inspection.” She said the “simple” application of immigration law upheld the government’s decision to deny him a legal permanent resident status because he was not legally admitted to the country.
“Therefore, he cannot be a permanent resident of this country,” Cagan concludes.
Currently, there are approximately 400,000 people in the country with TPS status, and 85,000 are adjusting their status.
The district court ruled in favor of the couple, but the Court of Appeals reversed. It held that TPS did not “constitute hospitalization.”
In court, Jose Gonzalez and Sonia Gonzalez lawyer Amy M. Saharia argued that what was granted was “essential” to TPS status. However, US Associate Attorney Michael R. Houston opposed the couple, drawing a line between status and admission.
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Immigrants illegally entering the Supreme Court do not have green card rights – CBS Dallas / Fort Worth
Source link Immigrants illegally entering the Supreme Court do not have green card rights – CBS Dallas / Fort Worth