Supreme Court Rules Against Immigrants With Temporary Protected Status Seeking Green Cards

On Monday, the Supreme Court unanimously ruled that unauthorized immigrants who entered the country and were temporarily allowed to remain are not eligible to become permanent residents. Justice Elena Kagan said on behalf the court that the ruling was a "a straightforward application” of the law, which requires lawful admission into the U.S. in order to be eligible for a green card. The court also said that even if a person is later granted temporary protected status for humanitarian crises in their home country, the lawful admission requirement remains. Currently, more than 400,000 people currently live in the U.S. under temporary protected status. Kagan also wrote that Congress is considering the American Dream and Promise Act of 2021, which would recognize temporary protected status recipients as lawfully admitted. The bill passed the Democratic-controlled House in March, but will likely face more challenges in the Senate. The case arose after two unauthorized immigrants from El Salvador attempted to use the temporary protected status to gain lawful admission after entering the country illegally in the 1990s following a 2001 earthquake in their home country. 

The story received consistent coverage across the political spectrum.