Supreme Court weakens protections for green card holders returning to the U.S.

The U.S. Supreme Court has issued a decision making it easier for immigration officers to deny readmission to lawful permanent residents accused of certain disqualifying crimes. The ruling lowers the government’s burden at the border and raises serious concerns for green card holders with any criminal history who travel outside the United States. Green card holders should not have to fear losing their rights simply because they travel. This ruling makes it easier for immigration officers to deny readmission to lawful permanent residents accused of certain disqualifying crimes, without the higher “clear and convincing evidence” standard previously required. As Justice Ketanji Brown Jackson warned in dissent, this gives the government a dangerous amount of power over lawful permanent residents. It gives the government a “blank check” to weaken the rights of lawful permanent residents.

Green card holders should speak with an experienced immigration attorney before traveling internationally, especially if they have ever been arrested, charged, or convicted of a crime.

The House has passed a major $70 billion immigration enforcement funding bill that could expand ICE, Border Patrol, detention, and deportation-related operations over the next several years.

The House narrowly passed a $70 billion immigration enforcement funding bill on June 9, 2026, sending the measure to President Trump for approval. Reports indicate the bill would provide major funding for ICE, Customs and Border Protection, and DHS operations through 2029, including approximately $38 billion for ICE and $26 billion for Border Patrol. The bill passed 214–212, largely along party lines.

Federal Judge Blocks Immigration Delays Affecting Green Cards, Work Permits, Asylum, and Naturalization

According to recent reporting, the policies affected individuals from certain countries and left many applicants waiting for decisions even after they had properly filed their applications. The court found that these broad pauses and delays were unlawful.

If your case has been delayed, held in abeyance, or affected by a recent immigration policy change, this ruling may be important to your case.

This may also apply to individuals from Iran and other affected countries whose pending immigration applications were placed on hold or delayed because of recent agency guidance or policy changes.

I will continue monitoring this issue and will provide updates as more information becomes available. Every case is different, so individuals with pending applications should speak with an experienced immigration attorney before making any decisions about their case.

Do You Have to Leave the United States Because of the New USCIS Policy Memo?

No. The new USCIS policy memo does not automatically mean that every person applying for a green card must leave the United States.

USCIS recently issued a policy memo describing adjustment of status as a discretionary benefit and suggesting that, in some cases, applicants may be expected to pursue consular processing outside the United States. This caused a great deal of confusion and concern for many applicants.

However, the law has not changed. Adjustment of status is still available under INA § 245 for applicants who are eligible to apply from inside the United States. USCIS may now apply greater scrutiny and look more closely at discretionary factors, but eligible applicants may still continue to file for adjustment of status in the United States.

Every case is different. Some applicants should file for adjustment of status in the United States. Others may need to consular process through a U.S. Embassy or Consulate abroad. But leaving the United States without proper legal advice can be risky, especially for individuals who have unlawful presence, prior immigration violations, criminal issues, or other inadmissibility concerns.

If you are not eligible to adjust status in the United States, consular processing may be the proper option. However, before leaving the United States, you should speak with an experienced immigration attorney to determine whether you need a waiver, such as Form I-601A, Provisional Unlawful Presence Waiver.

Do not assume you must leave the United States just because of headlines or social media posts. The correct strategy depends on your immigration history, manner of entry, family or employment petition, unlawful presence, criminal history, and whether a waiver is required.

Before making any decision, consult with an immigration attorney who can review your specific case and advise you on the safest path forward.