What Green Card Holders Need to Know About Blanche v. Lau (U.S. Supreme Court, June 23, 2026)

On June 23, 2026, the United States Supreme Court issued an important immigration decision that expands the government’s authority to treat certain lawful permanent residents (green card holders) as applicants for admission when returning from international travel. The case, Blanche v. Lau, addresses when Customs and Border Protection (CBP) officers may stop a lawful permanent resident at the border and place them into removal proceedings based on criminal conduct.

What Happened?

Mr. Lau was a lawful permanent resident who traveled outside the United States while criminal charges were pending against him. When he attempted to return:
  • CBP did not admit him as a returning permanent resident
  • Instead, officers paroled him into the United States while his criminal case remained pending.
  • After he later pleaded guilty, the government placed him in removal proceedings as an applicant for admission rather than as a permanent resident who had already been admitted.
The legal question before the Supreme Court was: Must CBP already have “clear and convincing evidence” that a green card holder committed a crime before treating that person as an applicant for admission at the border?

The Supreme Court’s Answer: No

In a 6-3 decision, the Supreme Court ruled that:
  • Border officers do not need clear and convincing evidence at the port of entry that a lawful permanent resident committed a crime involving moral turpitude.
  • If there is reason to believe the individual has committed a qualifying offense before reentering the United States, officers may treat that person as an applicant for admission.
  • Whether the government ultimately proves removability occurs later during immigration proceedings.

Why This Matters

This decision gives CBP officers greater discretion at ports of entry. Previously, the Second Circuit Court of Appeals had ruled that border officers needed stronger proof before stripping a lawful permanent resident of the protections normally afforded to returning green card holders. The Supreme Court rejected that requirement. As a result, CBP officers may now:
  • Stop returning lawful permanent residents
  • Decline to admit them as returning residents
  • Parole them into the country
  • Place them into removal proceedings
even if the criminal conviction has not yet occurred at the time of entry, provided the government later proves the statutory requirements during immigration proceedings. 25-429_h3ci.pdf

Who Could Be Affected?

This decision primarily affects lawful permanent residents who:
  • Have pending criminal charges
  • Have been arrested before traveling internationally
  • Have committed certain offenses before returning to the United States
  • Have crimes that may be classified as Crimes Involving Moral Turpitude (CIMTs)
  • Have certain controlled substance offenses
Importantly, the Court did not decide whether Mr. Lau’s offense actually qualified as a crime involving moral turpitude. That issue was sent back to the lower court for further proceedings.

Important Takeaway for Green Card Holders

If you are a lawful permanent resident:
  • Do not assume your green card guarantees automatic reentry into the United States.
  • Any pending criminal matter—even before conviction—can significantly complicate international travel.
  • CBP officers now have broader authority to treat certain returning permanent residents as applicants for admission while the legal issues are sorted out in immigration court.
This does not mean every arrest or criminal charge will result in removal. Immigration law remains highly fact-specific, and whether a particular offense triggers immigration consequences depends on the statute of conviction, the timing of the offense, and other legal factors.

Before You Travel

If you are a green card holder and:
  • have ever been arrested,
  • have pending criminal charges,
  • accepted a plea agreement,
  • have an old conviction, or
  • are unsure whether a prior offense affects your immigration status,
speak with an experienced immigration attorney before leaving the United States. A brief trip abroad can sometimes create significant immigration consequences that may not have existed had you remained in the country.

Our Office Can Help

If you have questions about how this Supreme Court decision may affect your immigration status or your ability to travel internationally, our office can evaluate your individual circumstances before you make travel plans.
Consultations are $100 and can be scheduled online or by calling the office directly. Please be cautious of scams and only communicate with Erika or Lilia through their official website, Facebook and Instagram pages, or the office phone number, as they only use one official number.
The Law Office of Erika Rodríguez 619-289-8090 ErikaRodriguezESQ.com Schedule Consultations Online https://erlawsd.setmore.com/

Legal Disclaimer

This article is provided for general educational purposes only and does not constitute legal advice. Every immigration case is unique. Reading this article does not create an attorney-client relationship. If you have questions about your specific situation, consult with a qualified immigration attorney before making decisions regarding travel or criminal matters.