Supreme Court Eases Re-entry Denials for Green Card Holders in 6-3 Ruling
Updated
Updated · abcnews.com · Jun 23
Supreme Court Eases Re-entry Denials for Green Card Holders in 6-3 Ruling
3 articles · Updated · abcnews.com · Jun 23
Summary
A 6-3 Supreme Court ruling said border agents can deny returning green card holders admission based on "reason to believe" they committed a crime, rather than proving it by clear and convincing evidence.
Justice Clarence Thomas wrote that the Immigration and Nationality Act imposes no higher burden, a reading that expands federal power to strip lawful permanent residents of that status at ports of entry.
Muk Choi Lau, a Chinese citizen stopped at JFK in 2012 while facing New Jersey trademark-counterfeiting charges, lost the case after arguing his offense was not a crime involving "moral turpitude."
Justice Ketanji Brown Jackson, joined by Sonia Sotomayor and Elena Kagan, warned the decision gives the government a "massive blank check" by allowing status to be revoked before criminal conduct is proved.
With suspicion now enough to detain green card holders, what situations could unexpectedly put their legal status at risk?
Does this ruling create a two-tiered system of justice for citizens versus legal permanent residents?
Supreme Court’s 2025–2026 Decisions Dramatically Broaden Immigration Enforcement Powers and Erode Due Process
Overview
Recent Supreme Court decisions have significantly expanded the government's immigration enforcement powers, especially for agencies like the Department of Homeland Security. These rulings allow broader authority to detain, question, and deport individuals, including lawful permanent residents. A key example is the June 2026 case of Muk Choi Lau, where the Court upheld DHS's efforts to deport a green card holder after a criminal conviction, even years after entry. This shift means more people, even those with legal status, face increased risk of removal and stricter scrutiny, marking a major change in how immigration laws are enforced in the United States.