Sanity prevails in unanimous U.S. Supreme Court decision
The U.S. Supreme Court, in a 9-0 unanimous decision, ruled on Monday that illegal aliens who have been granted temporary humanitarian relief from deportation cannot use the process known as “adjustment of status” to obtain lawful permanent residency in the United States without leaving the country. The court ruled in Sanchez v. Mayorkas that adjustment of status is reserved for those who were inspected at the border and admitted to the United States by an immigration officer, thus disqualifying the majority of those granted Temporary Protected Status (TPS). Justice Elena Kagan, nominated to the Supreme Court by President Barack Obama in 2010, wrote the opinion for the court.
El Salvadoran nationals, Jose Sanchez and Sonia Gonzalez illegally entered the United States decades ago. The U.S. government granted them temporary protection in 2001 when it designated El Salvador as part of the TPS program in the wake of damaging earthquakes in that country.
Sanchez and Gonzalez have maintained TPS status for 20 years, during which Sanchez’s employer filed an immigration-visa petition for Sanchez as a “skilled worker.” Immigration officials approved this petition, authorizing Sanchez to be admitted to the United States as a lawful permanent resident. They simultaneously granted the same approval for Gonzalez.
The U.S. government, however, denied the couple’s subsequent application to use the adjustment-of-status process in order to transition from temporary to permanent residency without leaving the United States. Immigration officials ruled that the couple’s original illegal entry disqualified them from adjustment of status. The government relied on the text of Immigration and Nationality Act Section 1255(a), which restricts the in-country adjustment-of-status process to illegal aliens who were “inspected and admitted or paroled into the United States.”
Notice that the U.S. Law refers to the persons in question as “aliens,” throughout. The words, “migrants, undocumented, refugees, and asylum seekers” are constructs of the left in describing America’s invaders.
This illuminating commentary, “Illegal Alien”: The Proper Terminology, posted on Federation for American Immigration Reform, by Eric A. Ruark is definitely worth your time.
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