The Supreme Court has unanimously ruled against allowing illegal aliens that have temporary protected status to apply for permanent residency.
The court determined that federal immigration law prohibits TPS recipients from seeking green cards if they entered the country illegally.
Immigrants are required to have been “inspected and admitted or paroled” in the U.S. before they would be eligible to apply for permanent residency, which prohibits illegal aliens.
There are currently 400,000 people from 12 countries with TPS status in the US.
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“The TPS program gives foreign nationals nonimmigrant status, but it does not admit them. So the conferral of TPS does not make an unlawful entrant…eligible” for a green card, Justice Elena Kagan wrote.
The Associated Press reports that Kagan noted the House of Representatives has already has passed legislation that would make it possible for TPS recipients to become permanent residents, but the bill faces uncertain prospects in the Senate.
“Monday’s decision does not affect immigrants with TPS who initially entered the U.S. legally and then, say, overstayed their visa, Kagan noted. Because those people were legally admitted to the country and later were given humanitarian protections, they can seek to become permanent residents,” the report states.