Boarding The Plane Is Easy. Coming Back May Not Be: What Blanche v. Lau Means For Green Card Holders With Criminal Issues

On June 23, 2026, the U.S. Supreme Court decided Blanche v. Lau, a case that clarifies how border officers may treat lawful permanent residents (LPRs) returning from international travel. This does not mean every green-card holder should panic or cancel travel. It does mean that if you have criminal history—especially something pending, unresolved, or possibly immigration-related—it is wise to get advice before you fly.

Bottom Line Up Front

If you are an LPR with pending charges, prior convictions, arrests, dismissed matters, expungements, or old incidents, do not guess about the immigration consequences of travel. Have immigration counsel review the record before international travel. A short review before departure is usually much easier than trying to untangle a problem at the airport.

What the Court Held

Under federal immigration law, returning LPRs are generally treated as already admitted—not as new applicants seeking entry—when they come back from temporary international travel. But there are exceptions. One important exception applies when the government believes the LPR has committed certain immigration-covered offenses, including crimes involving moral turpitude. That phrase usually refers to offenses involving dishonesty, fraud, theft, or other conduct immigration law treats as especially serious.

The Court held that CBP officers are not required to have clear and convincing evidence of a qualifying crime at the border before treating a returning LPR as an applicant for admission. In plain English: CBP may route certain returning LPRs into the applicant-for-admission process before the criminal and immigration issues are fully sorted out.

Why It Matters: Admission vs. Deportation

Being treated as “seeking admission” rather than as a returning resident can change the legal framework. It can affect who carries the burden of proof, whether parole or detention is considered, how green-card documentation is handled, and whether the government proceeds under rules for people treated as seeking entry rather than rules for people already admitted to the United States. As the dissent emphasized, even temporary parole can have real-world effects on work, housing, banking, and personal stability.

Know Your Risk Level

• Lower planning concern: No criminal history and no pending charges—ordinary reentry rights remain largely unchanged.
• Talk to counsel before travel: A pending charge that may fall into one of the criminal grounds immigration law treats as relevant at reentry.
• Review carefully: A prior conviction that may fit within one of those covered criminal grounds.
• Get a record-specific analysis: An arrest, dismissed charge, expungement, or old minor matter.
• Remember the other exceptions: A lengthy absence abroad, travel while removal proceedings are pending, or other facts can trigger separate returning-resident exceptions.

A Note for Employers

Employers should not assume that a green card eliminates all international travel risk for business travelers. If an LPR employee has a known criminal-history issue or pending charge, it is sensible to review business travel with immigration counsel before booking. Where a criminal case is active, immigration counsel and criminal defense counsel should coordinate early.