This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh is an active member.
On June 23, 2026, the Supreme Court decided Blanche v. Lau (PDF), a case about the rights of green card holders when they return to the United States after a trip abroad. The case involved a green card holder who was returning from overseas with a pending criminal charge. A border officer used that pending charge to reclassify him as someone applying for admission for the first time. That reclassification changed which legal rules applied to him and put him at risk of removal.
The Court ruled 6-3 that border officers do not need clear and convincing evidence of a crime at the time of re-entry to reclassify a returning green card holder this way. The government can use evidence gathered later, including a conviction that happens after the person has already re-entered, to justify the reclassification, making removal and loss of green card status more likely.
This ruling is relevant only to green card holders who:
- Have a pending criminal charge or are under investigation;
- Have a prior arrest or conviction, even for a minor offense or one that is old or resolved; or
- Are currently facing any allegation of criminal conduct.
Such a change in status can lead to loss of procedural protections, including who bears the burden of proof in any removal proceeding, confiscation of a person’s physical green card and, in some cases, mandatory detention with no right to a bond hearing.
For more information, contact the Immigration Group.
