On June 7th, the Supreme Court of the United States reached a unanimous decision in the case of Sanchez v. Mayorkas. That decision, delivered by justice Elana Kagan, held that the granting of TPS, Temporary Protected Status, (given to foreign nationals in the U.S who would face especially dangerous conditions back home) was not enough, on its own, to qualify a person for LPR, Legal Permanent Residence. Justice Kagan explains that, as the law stands, a foreign national must have nonimmigrant status (granted by TPS) AND have been admitted to the United States legally and undergone inspection. The plaintiff in the case had argued that, by virtue of his being granted TPS, he had been admitted to the U.S, despite the fact that he entered the country illegally. None of the Supreme Court Justices were won over by this argument, and they held that the granting of status and admission were two separate issues, both of which must be satisfied for LPR to be granted.
However, H.R. 6 hopes to change all of that. Passed by the House of Representatives on March 18th, The American Dream and Promise Act hopes to both create a path to citizenship for Dreamers and to rectify the current situation regarding TPS recipients. To that end, Section 202, subsection A, declares that “notwithstanding any other provision of law, the Secretary or the Attorney General shall adjust to the status of an alien lawfully admitted for permanent residence, an alien” eligeable for TPS, if said alien fulfills certain preconditions. President Biden has expressed his own support for the Promise Act, declaring his his desire to help “Dreamers and TPS holders who contribute so much to our country,…to [build] a 21st century immigration system that is grounded in dignity, safety, and fairness,…and to create a path to citizenship for the undocumented population in the United States.”
The bill was passed by the House with a vote of 228-197, with only 9 Republican representatives voting for it and 5 not voting either way. Most GOP representatives argued against the Promise act, citing the recent surge of immigration at the border (dubbed the “Biden Border Crisis” by many Republicans) and expressing concern that promises of amnesty may only encourage further attempts to illegally cross the southern border, exascerbating abuses by human traffickers and drug cartels in the process. Just this week, Vice President Kamala Harris, in her trip to Guatamala, warned potential immigrants not to come to the United States in an effort to quel the surge in arrivals. Critics argue that sending such messages while, at the same time, expanding possible paths to citizenship for illegal arrivals might be sending conflicting signals.
Whatever the merits or criticisms of the Promise act, such slim margins in the House may portend doom in the Senate before substantive debate is even had, where the Democratic majority is far slimmer and the filibuster remains a powerful weapon of the minority. The Senate Judiciary Committee is currently scheduled to conduct hearings on the legislation on Tuesday, June 15th.
CIMA Law Group specializes in immigration law, criminal defense, and personal injury, as well as having a substancial government relations division. Keep up with the blog for more updates on current political and legal events, or visit the website for more information or legal assistance.
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