It's not every day that the Supreme Court renders a unanimous decision, but lo and behold it has happened once again.
Anytime that there is a decision like there where they all agree, Democrats should really check themselves.
The Supreme Court ruled 9-0 that illegal immigrants with Temporary Protected Status, or TPS, won't automatically be eligible to become permanent residents.
Elena Kagan, an Obama appointee, wrote for the court in Sanchez v. Mayorkas that this type of legalization only applies to those inspected when entering the country and admitted by an immigration officer.
Sanchez v. Mayorkas involves a couple, Jose Sanchez and Sonia Gonzalez, who came to the U.S. from El Salvador. The pair were granted TPS in 2001, years after fleeing their earthquake-ravaged homeland.
While Sanchez and Gonzalez were granted immigrant visas after Jose's employer petitioned the government on his behalf, their illegal entry bars them from adjustment of status. Adjustment of status is the process of granting permanent residency.
Sanchez v. Mayorkas cited a provision in the TPS statute, arguing that a TPS holder held lawful status as a nonimmigrant. The SCOTUS shot down this argument, countering that Section 1255 of the TPS statute only allows for those who enter the country legally to obtain legal permanent resident status.
According to SCOTUS Blog,
Sanchez and Gonzalez argued that the TPS statute includes a provision making TPS holders eligible for adjustment of status even if they had not been inspected and admitted or paroled when they originally entered the United States. Specifically, Section 1254a(f)(4) states that “for purposes of adjustment of status under Section 1255 …, the [TPS holder] shall be considered as being in, and maintaining, lawful status as a nonimmigrant.” They asserted that the phrase “considered as being in … lawful status” makes the grant of TPS the equivalent of being inspected and admitted as a lawful nonimmigrant. Sanchez and Gonzalez argued the detailed vetting that accompanies applicants for TPS is equivalent to the vetting that accompanies inspection and admission at a port of entry.
The court sided with the government and rejected the interpretation advanced by Sanchez and Gonzalez. “Section 1255 generally requires a lawful admission before a person can obtain LPR status,” Kagan wrote. “Sanchez was not lawfully admitted, and his TPS does not alter that fact. He therefore cannot become a permanent resident of this country.”
The unanimous ruling by the Supreme Court is an encouraging sign for conservatives worried by other recent rulings.