Sanchez v. Mayorkas
Issues
Can noncitizens who were granted Temporary Protected Status in the United States after their home country experienced unsafe conditions apply for a green card when the noncitizens were not formally inspected and admitted into the United States?
This case asks the Supreme Court to determine whether noncitizens residing in the United States under Temporary Protected Status (“TPS”) are eligible to receive lawful permanent resident (“LPR”) status if they were not formally inspected and admitted into the United States. Jose Santos Sanchez and Sonia Gonzalez are a married couple from El Salvador who received TPS in 2001 after entering the United States unlawfully in the late 1990s. The couple argues that they are eligible to apply for permanent residency because TPS recipients are deemed, by definition and by Congress, as having met the requirements of formal inspection and admission for the purposes of changing residency status. The government counters that individuals who initially entered the country unlawfully cannot apply for permanent residency because they cannot overcome the requirement of being formally inspected and admitted into the United States, even if they were eventually granted TPS. The outcome of this case has important implications for resolving inconsistent application of the law by federal courts and for understanding the qualifications needed to receive permanent residency in the United States.
Questions as Framed for the Court by the Parties
Whether, under 8 U.S.C. § 1254a(f)(4), a grant of temporary protected status authorizes eligible noncitizens to obtain lawful-permanent-resident status under 8 U.S.C. § 1255.
Temporary Protected Status (“TPS”) protects foreign nationals within the United States from removal “during armed conflict, environmental disasters, or other extraordinary conditions in their homelands.” Sanchez v. Sec'y U.S. Dep't of Homeland Sec. at 244–245. 8 U.S.C.
Edited by
Additional Resources
- Nicola Ai Ling Prall, U.S. Supreme Court to Hear Case Regarding TPS Status and Eligibility for Adjustment, National Law Review (Mar. 30, 2021).
- David Martin, Removing Barriers to Family Unity for Holders of Temporary Protected Status: An Opportunity for Biden Administration, Just Security (Mar. 11, 2020).