More Re-Entry Risk for Green Card Holders with Criminal History

On June 23, 2026, the Supreme Court decided Blanche v. Lau, No. 25-429. The Court held that the Immigration and Nationality Act does not require a border officer to have clear and convincing evidence that a lawful permanent resident committed a crime involving moral turpitude before treating the returning resident as an applicant for admission.

This is a significant travel-risk decision for green card holders with a pending criminal charge, prior arrest, prior conviction, or current allegation of criminal conduct. Even a case that seems minor, old, dismissed, or still pending may create immigration questions at the port of entry. The practical concern is that a returning resident may face different legal rules at the border, including removal proceedings, green card confiscation, detention, or a more difficult burden of proof.

Green card holders with any criminal history should speak with immigration counsel before international travel. This is especially important before accepting a plea, resolving a criminal case, leaving the United States while a charge is pending, or returning after travel. Criminal defense strategy and immigration travel strategy should be coordinated before the person is at the airport.

Source: Supreme Court opinion in Blanche v. Lau

Disclaimer: This update is for general information only and does not constitute legal advice. Immigration rules and agency guidance can change quickly. Please contact our office about your specific situation.