A unanimous Supreme Court has ruled that foreign nationals with “Temporary Protected Status” (TPS) who entered the United States illegally are not eligible to have their immigration status adjusted to that of lawful permanent resident (LPR), commonly referred to as a “green card” holder. TPS beneficiaries are migrants who qualify for temporary protected status because of an ongoing armed conflict, an environmental disaster, or other temporary extraordinary circumstances that would make it unsafe to return to their home country.
In Sanchez v. Mayorkas, No. 20-315 (U.S. June 7, 2021), the High Court determined that while U.S. immigration law confers lawful nonimmigrant status to a TPS beneficiary, including work authorization, U.S. immigration law makes clear that TPS beneficiaries are not eligible for a green card if they entered the country illegally, because they were not lawfully “inspected and admitted” into the United States.
While the ruling should have no impact on current TPS beneficiaries’ ability to obtain or maintain authorization to legally work while their TPS remains in effect, it takes away the opportunity for those TPS beneficiaries who entered the U.S. illegally to remain – and work – here indefinitely.
Members of the Center for Workplace Compliance (CWC) can read more here.