The Supreme Court of the United States has ruled that non- citizens in the U.S who migrated into the country unlawfully are desisted to apply for green card.
They cannot apply for the cards even though they are enjoying the Temporary Protected Status (TPS).
The TPS gives the immigrants the status to stay in the U.S for a temporary basis but not to acquire the citizenship status.
This ruling is been affected by many immigrants who came to the U.S to find refuge due to war and unhealthy conditions in their country and would like to apply for citizenship and acquire the green card.
The case, Sanchez v. Mayorkas, No. 20-315, could affect tens of thousands of immigrants. It was brought by Jose Sanchez and Sonia Gonzalez, natives of El Salvador who entered the United States unlawfully in the late 1990s.
In 2001, after earthquakes devastated El Salvador, the United States made that country’s nationals eligible for the “temporary protected status” program. The program shields immigrants from parts of the world undergoing armed conflicts and natural disasters from deportation and allows them to work in the United States.
Mr. Sanchez and Ms. Gonzalez, a married couple, were granted protection under the program. In 2014, they applied for lawful permanent residency, commonly known as a green card. After their application was denied, they sued.
The United States Court of Appeals for the Third Circuit, in Philadelphia, ruled against them, saying “inspected and admitted” into the United States.
Temporary protected status, Judge Thomas M. Hardiman wrote for the unanimous three-judge panel, “does not constitute an admission.”
“As its name suggests,” he wrote, “this protection is meant to be temporary.”
Justice Elena Kagan, writing for the Supreme Court on Monday, agreed, saying that two parts of the immigration laws operate on separate tracks. One part allows some people who have entered the country lawfully to apply for green cards.
Source: Afia Aning-Badu