On June 23, 2026, the United States Supreme Court issued a significant immigration decision in Blanche v. Lau, a case that affects lawful permanent residents (green card holders) who travel outside the United States while facing criminal charges.
The decision makes it easier for Customs and Border Protection (CBP) to treat certain returning green card holders as applicants for admission rather than as individuals who have already been admitted to the United States.
What Happened in the Case?
Mr. Lau was a lawful permanent resident who had a pending criminal case in New Jersey. While the criminal case was still unresolved, he traveled outside the United States and later attempted to return.
Upon his return, CBP determined that he could be treated as a person “seeking admission” because he had allegedly committed a crime involving moral turpitude. Instead of admitting him as a returning permanent resident, CBP paroled him into the United States pending further proceedings.
After Mr. Lau was later convicted, the government initiated removal proceedings and charged him as inadmissible.
What Was the Legal Question?
The key issue before the Supreme Court was whether CBP must possess “clear and convincing evidence” that a lawful permanent resident committed a crime before treating that individual as an applicant for admission when returning from international travel.
The Second Circuit Court of Appeals had ruled that such evidence was required.
The Supreme Court disagreed.
What Did the Supreme Court Decide?
In a 6-3 decision, the Supreme Court held that the Immigration and Nationality Act does not require border officers to have clear and convincing evidence that a lawful permanent resident committed a qualifying crime before treating that person as an applicant for admission.
The Court concluded that CBP officers are permitted to make this determination at the border without meeting the higher evidentiary standard that applies later during removal proceedings.
As a result, the government may treat a returning green card holder as an applicant for admission if the individual has allegedly committed certain offenses identified in the immigration laws.
Why Does This Matter?
This decision is important because it gives immigration authorities greater flexibility when dealing with lawful permanent residents who have pending criminal issues and travel internationally.
Green card holders should understand that:
- International travel can create serious immigration consequences if criminal charges are pending.
- Even if a conviction has not yet occurred, CBP may still scrutinize a returning resident’s admissibility.
- Individuals may be placed into removal proceedings based on conduct that occurred before travel.
- Criminal and immigration consequences often overlap and should be evaluated together before any international trip.
What the Court Did Not Decide
The Supreme Court did not determine whether Mr. Lau’s specific offense was actually a crime involving moral turpitude. That issue was sent back to the lower court for further review.
This means that while the government may have broader authority to classify certain returning residents as applicants for admission, it must still prove that the underlying offense qualifies under immigration law.
What Should Green Card Holders Do?
If you are a lawful permanent resident and:
- Have been arrested or charged with a crime;
- Have a prior criminal conviction;
- Are considering international travel; or
- Have been stopped by CBP upon returning to the United States,
you should consult with an experienced immigration attorney before traveling.
A criminal matter that may appear minor under state law can sometimes trigger serious immigration consequences, including removal proceedings.
Zambrano Law Can Help
Our office regularly represents lawful permanent residents facing complex immigration and criminal-related issues. We assist clients throughout Georgia and nationwide in removal defense, criminal-immigration matters, waivers, and appeals before the Board of Immigration Appeals and federal courts.
If you have questions about how a criminal charge or conviction may affect your immigration status, contact Zambrano Law today to schedule a consultation.
Call us at 770-870-6438 to schedule a consultation.
Our experienced immigration attorneys are ready to help protect your status and guide you through the immigration consequences of criminal charges and international travel