Green cards after unlawful entry
Sanchez v. Mayorkas
In brief
TPS alone cannot overcome Jose Sanchez's unlawful entry and give him lawful permanent resident status under §1255.
- Where it stands
- Decided
Decided 9-0 · June 7, 2021 · Opinion by Justice Kagan
- What it’s about
- The Supreme Court unanimously agreed with the lower court (affirmed) that Jose Sanchez, who entered the United States unlawfully and later received Temporary Protected Status, cannot use that status alone to become a lawful permanent resident.
- Who it affects
- TPS recipients who entered unlawfully cannot use TPS alone to get lawful permanent resident status through §1255. Lawful entry after inspection and authorization remains a separate requirement.
Summary: written with AI from the case record.
What it's about
The Court said the law generally requires lawful entry after immigration inspection and authorization, and TPS does not erase an earlier unlawful entry.
The case shows that temporary immigration status does not automatically satisfy the separate rules for permanent residency.
Question presented
Whether, under 8 U.S.C. § 1254a(f)(4), a grant of Temporary Protected Status authorizes eligible noncitizens to obtain lawful-permanent-resident status under 8 U.S.C. § 1255.
What the Court decided
Holding
A TPS recipient who entered the United States unlawfully is not eligible under §1255 for LPR status merely by dint of his TPS. Section 1255 provides that eligibility for LPR status generally requires an “admission” into the country— defined to mean “the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.” §1101(a)(13)(A). Sanchez did not enter lawfully. And his TPS does not eliminate the effect of that unlawful entry. Section 1254a(f)(4) provides that a TPS recipient who applies for permanent residency will be treated as having nonimmigrant status—the status traditionally and generally needed to invoke the LPR process under §1255. 967 F. 3d 242, affirmed.
- Result
- Affirmed
The vote
What's next
The Third Circuit's ruling stays in place. Lower courts and immigration officials should apply the same lawful-entry requirement to similar TPS applications.
Documents
Docket activity
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AI analysis generated: Case Briefing
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AI analysis generated: Opinion Summary
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AI analysis generated: Decision Record
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Brief added: Questions Presented
More questions
- What did Sanchez v. Mayorkas decide?
- The Supreme Court unanimously ruled that TPS alone does not let someone who entered unlawfully obtain lawful permanent resident status under §1255.
- Why couldn't Sanchez use TPS to get permanent residency?
- Section 1255 generally requires lawful entry after inspection and authorization by an immigration officer, and TPS does not erase an earlier unlawful entry.
- Who is affected by the ruling?
- TPS recipients with unlawful entries cannot rely on TPS alone to qualify for permanent-resident status under §1255.
- What happens next for similar applications?
- The Third Circuit's ruling remains in place. Lower courts and immigration officials must apply this rule to similar applications.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.