US Supreme Court rules a person who enters the country illegally cannot get a green card Abroad

About 400,000 people from El Salvador live in the United States under the ‘Temporary Protected Status’ (DPS). They are allowed to stay in the country until the government decides that they cannot return to their home country safely. The Supreme Court had to consider whether recipients of such protection could legally apply for a permanent residence permit or a green card if they entered the United States illegally.

Under federal law, immigrants wishing to apply for a green card must be “verified and allowed into the territory or granted a temporary permit (” parole)). The El Salvador couple had gone to court because it was a DPS. Both the Trump and Biden administrations disagree, USA Today explains.

The Supreme Court also disagreed with the couple’s arguments. Judge Elena Kagan wrote on behalf of the court that the TBS recipient in the case was “not legally allowed, and that DBS did not change that fact.” “So he can’t get a permanent residence permit.”

Critics of TPS argue that the plan is only to provide temporary assistance. Others argue that TPS’ers have been allowed to stay in the country for decades, while in the meantime building a private and professional career. For example, President George W. Bush granted El Salvador DPS status in 2001 after two earthquakes. Since then, the law has continued to be extended.

“Today’s decision is not only a setback for immigrants who have entered the country today with temporary protected status. He cites the DACA plan to pave the way, however, as former President Donald Trump canceled the plan.

According to the professor, the court’s ruling can only provide a permanent answer to Congress, while the government can only make temporary solutions.