Green Card Holders and the Parole Question

The Supreme Court will take up a case that asks whether an immigration officer can put a permanent resident on parole after the person leaves and comes back to the United States. Parole is a temporary allowance that lets someone enter or stay in the country even though they are not formally admitted. It does not cancel a green card, but it gives the Department of Homeland Security time to decide whether to keep or remove the person. The case, named Blanche versus Lau, will decide when an officer may downgrade a green card holder’s status to parole. Muk Lau is a 69‑year‑old Chinese immigrant who became a permanent resident five years before. In June 2012 he landed in New York after traveling to China, showing his green card and passport. The border agent flagged him because a month earlier he had been charged with third‑degree trademark counterfeiting, selling almost $300, 000 of fake designer shorts. The agent declared Lau inadmissible as a returning permanent resident under the crime exception and let him in on parole instead. Lau later pleaded guilty, and in 2014 the Department of Homeland Security started deportation proceedings.

The key question is whether the agent needed “clear and convincing” proof of guilt before placing Lau on parole, or if a charge alone was enough. Advocates for immigrants say the agent made an error because Lau had not been convicted, so he should have been admitted normally. They argue that the standard is too high and would burden border officers who must make quick decisions for thousands of travelers each day. The Department of Homeland Security, on the other hand, supports the agent’s action and argues that parole is appropriate when a crime charge exists. They say the decision should not affect green‑card holders without criminal history. There are almost 13 million legal permanent residents in the U. S. , and studies show they commit crimes at lower rates than native citizens. Still, this ruling could set a precedent that allows the government to parole any returning green‑card holder who has faced criminal charges, even if not convicted. The case sits alongside other immigration matters—such as birthright citizenship and temporary protected status—that have reached the Supreme Court this year. The outcome could reshape how immigration officers treat lawful permanent residents who travel abroad and return after a legal issue.

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