High court to examine rights of green-card holders charged with crime

WASHINGTON, April 22 (UPI) -- The Supreme Court will hear arguments Wednesday whether immigration officers can place permanent residents charged with a crime on parole if they leave and then re-enter the country.

In immigration, parole is a temporary, discretionary permission granted by the Department of Homeland Security that allows a person to enter or remain in the United States, even though they are not formally admitted.

Parole does not cancel a person's green card, but essentially gives the Department of Homeland Security time to decide whether the person should be admitted or deported based on how the issue is resolved.

The court is poised to hear oral arguments in Blanche vs. Lau, which would determine when immigration officers can demote a permanent resident's status to parole, a temporary status that can be revoked and result in deportation.

Lau is Chinese immigrant Muk Lau, a permanent resident with a green card. Blanche is Todd Blanche, the acting U.S. attorney general and named defendant in the case.

Typically, permanent residents are allowed to leave and re-enter the United States as they wish, with a few exceptions. If these immigrants have committed certain kinds of crimes, for example, officers can have them placed on parole when they return to the country after going abroad.

The case stems from an event on June 15, 2012, when 69-year-old Lau, who had gained permanent residency five years earlier, landed in a New York-area airport after traveling to China.

He presented his green card and passport to border control. His entry triggered an FBI match because a month earlier, Lau was charged with third-degree trademark counterfeiting for selling nearly $300,000 of fake designer shorts.

"I was arrested at a warehouse that contained some merchandise I had stored there," Lau told the Customs and Border Protection agent, according to court documents. "I went to the warehouse to retrieve the merchandise because I had not paid rent, and when I got there, the cops were there and arrested me."

The agent declared Lau inadmissible as a returning permanent resident due to the crime exception, and decided to let him in on parole, instead. A year later, Lau pled guilty to the counterfeiting, and in 2014, the Department of Homeland Security began deportation proceedings against him.

At the time, the Customs and Border Patrol agent did not know whether Lau was guilty -- just that he had been charged with a crime. The crux of Lau's case is whether the CBP agent needed "clear and convincing" evidence of a crime when placing him on parole or whether just charges were enough without such evidence.

Immigrant advocates argue the agent erred.

"Mr. Lau was absolutely, unequivocally, at that time, admissible," said Jonathan Weinberg, who worked on the American Immigration Lawyers Association's brief to the court. "He just was. He hadn't been convicted of a crime. There was nothing else that would render him inadmissible."

After an immigration judge and the Board of Immigration Appeals sided with the government, Lau appealed to the U.S. 2nd Circuit Court of Appeals. The appellate court, agreeing with Weinberg's reasoning, granted Lau's petition in March 2025.

The Federation for American Immigration Reform, a nonprofit advocating for lower immigration rates, also submitted a brief to the court. It argued that the border patrol officer did the right thing by paroling Lau into the country, and that the clear and convincing standard was too high.

"If you're going to say that the officer in an airport is supposed to have all this information, you're assigning that individual with an impossible task," FAIR spokesman Ira Mehlman said. "You have thousands of people coming through the airports every day, and these are decisions that have to be made on the spot."

Mehlman also said that the decision "shouldn't be a problem" for green-card holders without any criminal history.

"When you come to the United States as a non-citizen, you are here on a conditional basis," Mehlman said. "Even if you're a green card holder, you're subject to removal if you violate the terms of your presence here in the United States."

There are nearly 13 million legal permanent residents in the United States. Legal immigrants, including green card holders, commit crimes at lower rates than natural-born citizens, according to research by the Migration Policy Institute. However, Weinberg said the ultimate decision would impact all legal permanent residents, including those who have not been convicted of any crime.

"If the government can admit Lau on parole, then the government can basically admit any returning green card holder on parole if it chooses to," Weinberg said.

Lau's case joins several immigration-related issues, including birthright citizenship and temporary protected status, which have made their way to the Supreme Court this spring.

"The immigrant advocacy community is, I think, fighting an uphill battle," Weinberg said. "But that doesn't mean you don't give it your best shot."

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This story was originally published April 21, 2026 at 11:22 PM.