A routine trip to India could now carry unexpected immigration consequences for some US green card holders. In a significant ruling that could affect lawful permanent residents (aka green card holders) facing criminal charges, the US Supreme Court has recently held that border officials can treat a returning green card holder as someone “seeking admission” to the country rather than being “automatically readmitted”.A 6-3 decision in the case of Blanche v. Lau allows Customs and Border Protection (CBP) officers to make this determination at the border, with the government permitted to establish the necessary proof later during removal proceedings. Immigration attorneys say the ruling substantially increases the risks associated with international travel for green card holders who have pending criminal charges or unresolved criminal matters.According to Cyrus D. Mehta, a New York-based immigration attorney, the ruling permits authorities to treat a returning green card holder as seeking admission based on an indictment or suspicion, confiscate the green card and parole the individual into the country pending removal proceedings. “This is the ‘time travel’ that Justice Jackson’s dissent forcefully criticises,” Mehta said, adding that green card holders facing criminal charges should avoid international travel while their cases are pending. “Even someone charged with a petty offence such as shoplifting would be better off not travelling until the matter is resolved, as the green card could be confiscated and the individual may lose access to employment and other benefits available to permanent residents,” he said.Kripa Upadhyay, Seattle-based attorney and partner at Buchalter, said the ruling changes the risk assessment for green card holders contemplating overseas travel. “If a green card holder is deemed to be ‘seeking an admission’ and is detained or paroled, the government may initiate removal proceedings on inadmissibility grounds and in such proceedings, the individual carries the burden of defeating the charge. It is the opposite of deportation proceedings, where the government has to prove its case,” she explained.According to her, a criminal charge, even without a conviction, can now have serious immigration consequences at the border. Even old arrests, convictions or seemingly minor criminal matters could attract scrutiny during international travelRekha Sharma-Crawford, an immigration attorney, said the ruling effectively weakens the traditional presumption of innocence for green card holders who travel while criminal charges are pending.“CBP can now classify such individuals as ‘applicants for admission’ based solely on pending charges. This classification can shift burdens of proof, increase risks of detention, and lessen constitutional protections,” said Sharma-Crawford.The common message from immigration lawyers following the ruling is clear: lawful permanent residents with pending criminal charges, unresolved criminal cases, or potentially problematic criminal histories should obtain immigration advice before travelling internationally, as a routine trip abroad could now carry significantly greater immigration risks.
