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Court sides with Biden Admin in case barring undocumented migrants under protected status from getting Green Card

The Supreme Court unanimously upheld a lower court ruling, supported by the Biden Administration, that bars migrants who entered the country illegally but were granted “temporary protective status” from gaining permanent resident status, Reuters reports.

Under US law, migrants seeking permanent resident status, commonly known as “a green card,” must be in the country legally.  People with temporary protective status are barred from being expelled from the United States because of conditions in their home nations, but they may not be residing in the country through legal means.

The Court ruled that while the family suing to get their permanent resident status legally resided in the United States, they had not entered the US legally, and therefore were not eligible to claim a green card. 

Jose Sanchez and Sonia Gonzalez, who live in New Jersey with their four children, entered the US illegally twice in 1997 and 1998 from their native El Salvador.  After El Salvador was hit by a series of earthquakes in 2001, the couple was granted TPS.  They sought permanent residency status, but were rejected because they came to the country illegally.

“We are of course highly disappointed the court decided against the rights of immigrants who otherwise played by the rules like Mr. and Mrs. Sanchez,” said Jaime Aparisi, the couple’s lawyer. “TPS recipients like them have been living and working lawfully here for 20 years.”

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