News   /   Human Rights

US Supreme Court rules against residency for some migrants

US Rep. Ilhan Omar (D-MN) (L) talks with Speaker of the House Nancy Pelosi (D-CA) during a rally with fellow Democrats before voting on H.R. 1, or the People Act, on the East Steps of the US Capitol on March 08, 2019 in Washington, DC. (AFP photo)
People rally in front of the Supreme Court in Washington, DC. (AP file photo)

The US Supreme Court has dealt a blow to the immigrants who have been permitted to stay in the United States on humanitarian grounds and applied to become permanent residents.

The justices issued the verdict on Monday in which they sided with President Joe Biden's administration, and also the ruling is in line with the controversial immigration policy of Biden’s Republican predecessor, Donald Trump. 

They were hearing an appeal by a married couple from El Salvador who were granted so-called Temporary Protected Status.

The justices unanimously upheld a lower court ruling that suspended their applications for permanent residency because of their what they called illegal entry.

Thousands of such immigrants have lived in the United States for years. The case could affect all of them. 

Biden has vowed to reverse many of Trump's hardline immigration policies, but has so far failed to keep his word. 

Biden had opposed the immigrants in this case despite criticism from immigration advocacy groups and some of his fellow Democrats.

The Immigration and Nationality Act requires that immigrants seeking to become permanent residents have been "inspected and admitted" into the US. This case was reviewing whether to a grant of Temporary Protected Status (TPS), which gives the recipient "lawful status.” 

Justice Elena Kagan wrote that "because a grant of TPS does not come with a ticket of admission, it does not eliminate the disqualifying effect of an unlawful entry."

Biden has condemned Trump's hardline immigration policies, including his plan of construction of the border wall between the US and Mexico.

However, a review of government resources going into the project instated by Biden at the start of his presidency has been delayed. 

Critics have denounced the Biden administration for unravelling strict border protections put in place by Trump, including measures that kept migrants in Mexico while they waited for their cases to be processed.

US Democratic congresswoman Ilhan Omar has condemned the Biden administration for the continued construction of Trump’s “xenophobic and racist” wall.

“It’s shameful and unacceptable for @POTUS to continue the construction of Trump’s xenophobic and racist wall,” Omar said recently on Twitter, after it was reported that Homeland Security Secretary Alejandro Mayorkas told Immigration and Customs Enforcement (ICE) employees that the Biden administration was considering finishing certain “gaps” in construction.

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