Supreme Court Backs Trump on Authority to Deport Permanent Residents

The U.S. Supreme Court has sided with the Trump administration, affirming the executive branch's authority to deport immigrants holding permanent resident status. The ruling, decided by a six-to-three vote, addressed a case brought by Muk Choi Lau, a Chinese national who obtained legal permanent resident status in 2007.

Lau was placed in deportation proceedings after being accused of counterfeiting clothing in 2012. He temporarily left the United States before his trial but was admitted back on parole rather than as a permanent resident due to the ongoing accusation. After pleading guilty to the counterfeiting charge, the U.S. government initiated removal proceedings, which were facilitated by his parole status.

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the border officials did not have the obligation to demonstrate, "with clear and convincing evidence", that Lau had committed a crime, that implied the loss of his residence.

Lau contended that the Customs and Border Protection (CBP) agent who classified him under parole had overstepped their authority, arguing he was only facing an accusation, not a conviction, at the time. However, Supreme Court Justice Clarence Thomas, writing for the majority, stated that border officials were not required to prove "by clear and convincing evidence" that Lau had committed a crime that would result in the loss of his residency.

The ruling emphasized that the government had demonstrated, through clear and convincing evidence, that Lau fell under an exception for permanent residents subject to removal due to a conviction for a crime involving moral turpitude. Justice Ketanji Brown Jackson, in her dissenting opinion, voiced concerns that the decision grants the government "a sweeping blank check" to revoke permanent residency from immigrants. In a separate immigration policy victory for the Trump administration, an appeals court recently allowed the extension of expedited deportations nationwide.

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a sweeping blank check