SCOTUS Increases Re-Entry Risks For Green Card Holders With Criminal History

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The Supreme Court's decision in Blanche v. Lau fundamentally alters the legal landscape for green card holders with criminal histories who travel internationally. Border officers can now reclassify returning permanent residents as first-time applicants based on pending charges or past criminal conduct, stripping away critical procedural protections and potentially leading to removal proceedings. Understanding how this ruling affects re-entry rights and what steps green card holders must take before internat

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On June 23, 2026, the Supreme Court decided Blanche v. Lau, a case about the rights of green card holders when they return to the United States after a trip abroad. The case involved a green card holder who was returning from overseas with a pending criminal charge. A border officer used that pending charge to reclassify him as someone applying for admission for the first time. That reclassification changed which legal rules applied to him and put him at risk of removal.

The Court ruled 6-3 that border officers do not need strong evidence of a crime at the time of re-entry in order to reclassify a returning green card holder this way. The government can use evidence gathered later, including a conviction that happens after the person has already re-entered, to justify the reclassification, making removal and loss of green card status more likely.

Who Is Affected and Who Is Not

The majority of green card holders are not affected by this decision. If you have no criminal history and no pending charges, your rights when returning from international travel remain exactly as they were. This ruling is relevant only to green card holders who:

Have a pending criminal charge or are under investigation;
Have a prior arrest or conviction, even for a minor offense or one that is old or resolved; or
Are currently facing any allegation of criminal conduct.

What It Means in Practice for Green Card Holders

For green card holders who do have a criminal history, the stakes when traveling internationally are now higher. A border officer who is aware of a criminal charge, even one that has not resulted in a conviction, can reclassify a returning resident as an applicant for admission. That change in status can lead to loss of the procedural protections, including who bears the burden of proof in any removal proceeding, confiscation of your physical green card, and, in some cases, mandatory detention with no right to a bond hearing.

What Green Card Holders Should Do

Any interaction with the criminal justice system, such as an arrest, a charge, an investigation, or even an allegation, can affect your immigration status. This is true whether or not you are ultimately convicted, and whether or not the offense seems minor. If you are a green card holder and there is any allegation of criminal conduct against you, involve an immigration attorney at the earliest possible stage. Do not wait for the criminal case to resolve before thinking about the immigration consequences. The two issues need to be addressed together, from the start.

If you travel internationally and have any criminal history, consult with immigration counsel before your next trip, regardless of how old or minor the matter may seem. Do not assume that traveling successfully in the past means it is safe to travel again now.

What This Means for Employers

For most green card holders, this decision changes nothing. Employees with no criminal history and no pending charges retain the same rights and protections upon returning from international travel that they have always had.

The ruling is directly relevant, however, to green card holders who have any interaction with the criminal justice system, regardless of whether the matter resulted in a conviction or appears minor.

If you have green card holders on staff who travel internationally, they should consult immigration counsel before any international trip if they have any criminal history. If a green card holder employee is facing a criminal allegation, immigration counsel should be engaged alongside criminal defense counsel from the outset, not after the criminal matter resolves. The immigration consequences of green card holder criminal charges and re-entry risks must be evaluated in parallel with the criminal proceedings.

How Klasko Can Help

The Klasko team has been monitoring Blanche v. Lau since oral argument. We are available to advise green card holders and their employers on the risks this decision creates. Please contact your Klasko attorney to discuss your situation and appropriate next steps.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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