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The court ruled 6-3 that suspicion alone is justified in placing green card holders on parole for border crossings.
Updated on 23 Jun 2026
The United States Supreme Court he joined the Trump administration in a lawsuit over the government’s power over green card holders, which undermines the protections of legal immigrants.
Court officials sided with the Trump administration on Tuesday in a case involving a legal resident of the United States who was granted immigration status for crimes he was accused of after re-entering the country after traveling abroad.
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The case involved a green card holder, Muk Choi Lau, who was granted the right to immigrate to the US after returning to the US from a trip to China in 2012 by an immigration official because Lau was accused of selling counterfeit clothing. Lau, who has not yet been charged with wrongdoing, said the agent had exceeded his authority.
The court ruled 6-3 that the misdemeanor charge is sufficient reason for the border agent to place Lau on immigration parole.
“Border officials did not have the burden of proving by a clear and convincing evidence that Lau had committed a conspiracy involving immoral conduct,” Justice Clarence Thomas wrote.
Judge Ketanji Brown Jackson complained that the ruling would weaken the protections of non-citizens legal responsibility in the country and leave people “in a foreign country” before any charges are brought against them.
“I’m concerned that the Court has now given the Government a big check for nothing,” Jackson said in a dissenting opinion from two of the court’s other judges.
The Trump administration has said criminal suspicion is sufficient reason to strip green card holders of their legal status and put them at risk of immigration, part of an effort to restore legal protections to immigrants and expand the government’s deportation powers.