The U.S. Supreme Court delivered another significant immigration victory for the Trump administration on Tuesday, ruling 6-3 that federal immigration officials do not need “clear and convincing evidence” at the border before treating a lawful permanent resident accused of certain crimes as an applicant for admission. Justice Clarence Thomas delivers the hammer: Border officers making “quick judgments on the spot” do NOT need clear and convincing evidence of guilt at the moment of parole. Proof can come later at removal proceedings.
The Court sided with the Trump administration in Blanche v. Lau, rejecting activist attempts to tie the hands of border officers and making it significantly easier to remove lawful permanent residents who commit serious crimes. The case involved Muk Choi Lau, a Chinese national who became a green card holder in 2007. In May 2012, while facing criminal charges in New Jersey for selling nearly $300,000 worth of counterfeit clothing (a clear crime involving moral turpitude), Lau took a trip to China.
