Green Card Travel with Criminal Charges After Supreme Court's Decision in Blanche v. Lau

A recent U.S. Supreme Court decision has changed how lawful permanent residents (green card holders) may be treated when returning to the United States after international travel. The Supreme Court's decision in Blanche v. Lau significantly changes green card travel with criminal charges by expanding CBP's authority to treat certain lawful permanent residents as applicants for admission. In Blanche v. Lau, the Court held that U.S. Customs and Border Protection (CBP) officers are not required to have "clear and convincing evidence" before treating certain returning lawful permanent residents as applicants for admission.

This decision gives CBP broader authority at the border and could have significant consequences for green card holders with pending criminal matters.

What Does the Decision Mean?

Under the Supreme Court's ruling, CBP officers may determine that a returning lawful permanent resident is "seeking admission" if they believe the individual has committed an offense listed in Section 212(a)(2) of the Immigration and Nationality Act (INA), including certain crimes involving moral turpitude.

Importantly, a criminal conviction—or even an admission to committing the offense—is not required for CBP to make this determination at the port of entry. Instead, CBP may rely on evidence suggesting that the individual committed a qualifying offense.

However, the Court also made clear that this is only the first step in the process.

The determination that a lawful permanent resident is "seeking admission" is separate from the question of whether that individual is ultimately inadmissible under the immigration laws. If removal proceedings are initiated, the Department of Homeland Security must still prove inadmissibility before an immigration judge. In many cases involving INA § 212(a)(2), this generally requires either a qualifying criminal conviction or the noncitizen's own legally sufficient admission to the underlying offense.

What Happened in Blanche v. Lau?

The case involved a lawful permanent resident who left the United States while criminal charges were still pending. Upon returning, CBP officers determined that he was seeking admission because they believed he had committed a crime involving moral turpitude.

Instead of admitting him as a returning lawful permanent resident, CBP paroled him into the United States so that he could resolve his criminal case. After he later pleaded guilty, the Department of Homeland Security placed him in removal proceedings based on inadmissibility.

The Supreme Court ultimately held that the Immigration and Nationality Act does not require CBP officers to possess clear and convincing evidence that a lawful permanent resident committed an inadmissible offense before treating that individual as an applicant for admission.

Who Is Affected by Green Card Travel with Criminal Charges?

This decision may impact lawful permanent residents who have:

• Pending criminal charges;

• Allegations involving crimes of moral turpitude; or

• Other offenses listed under INA § 212(a)(2).

Even without a conviction or formal admission of guilt, the existence of pending criminal charges may be enough for CBP to treat a returning lawful permanent resident as an applicant for admission.

As a result, some green card holders may be detained at the border or paroled into the United States while their criminal cases are resolved. If removal proceedings are later initiated, the government would proceed under the rules governing inadmissibility rather than deportability.

What Should Green Card Holders Do?

Lawful permanent residents with pending criminal charges should carefully consider the immigration consequences before traveling outside the United States. Even if a criminal case has not yet resulted in a conviction, international travel may create unexpected immigration complications upon reentry.

If you are a lawful permanent resident with a pending criminal matter and are considering international travel, consult with an experienced immigration attorney before leaving the United States. Understanding the potential risks in advance may help you avoid serious immigration consequences.