Supreme Court Ruling Increases Risks for Green Card Holders Traveling Abroad. In Blanche v. Muk Choi Lau, the Supreme Court ruled 6-3 that U.S. Customs and Border Protection (CBP) is allowed to place returning lawful permanent residents (LPRs) on immigration parole based on suspicion of a crime, without requiring clear and convincing evidence before detention or denial of entry. This decision changes the risk calculus for green card holders with any past or potential criminal history when they travel outside the United States. While LPRs previously enjoyed stronger protections against being treated as new entrants upon reentry, the Court’s ruling permits deprivation of inspection based on suspicion, with conviction serving as later justification for removal. The practical impact is heightened travel risk for those with criminal histories, even for seemingly minor offenses, and underscores the value of pursuing U.S. citizenship when eligible to gain full protection from removal. Immigrants should consult counsel before international travel if there is any criminal history, and consider naturalization as a path to more stable status.
What This Means for You: - Key Point 1: CBP can defer inspection of a returning LPR on suspicion of a crime, potentially leading to removal proceedings later. - Who Should Be Concerned: Green card holders with any past or pending criminal matters who travel abroad. - Timeline for Action: This ruling is effective immediately for all future travel. - Next Steps: Do not travel if you have criminal history without consulting an immigration attorney; explore naturalization options if eligible.