TEMPO.CO, Jakarta - The United States (US) Supreme Court has ruled in favor of the Trump administration in a 6–3 decision involving the government’s authority to place lawful permanent residents on immigration parole when they are suspected of criminal activity, a judgment that strengthens federal discretion in initiating removal proceedings against green card holders.
The case involved Muk Choi Lau, a lawful permanent resident who was accused of trademark counterfeiting. When he returned to the United States from a short trip abroad in 2012, immigration officials placed him on immigration parole, treating him as a person “seeking admission” rather than a returning resident, a classification that allowed authorities to begin deportation proceedings.
As reported by AP News, the central dispute was whether border officers must first establish clear and convincing evidence that a returning green card holder had committed a qualifying crime before placing them on parole status. Writing for the majority, Justice Clarence Thomas rejected that argument, stating that “border officers did not have the burden to establish by clear and convincing evidence that Lau had committed a crime involving moral turpitude.”
The ruling means immigration officials are not required to have fully established criminal proof at the point of entry and may rely on evidence developed later during immigration proceedings. That interpretation gives authorities broader flexibility in handling cases involving alleged criminal conduct by lawful permanent residents.
According to WIS News 10, Lau’s legal team argued that the government’s approach was improper because he had not been convicted at the time of reentry, and that officials should be limited to the evidence available when a traveler arrives at the border. The Supreme Court, however, upheld the government’s position.
The decision does not automatically permit deportation without a conviction, but it lowers the threshold for initiating removal proceedings, allowing immigration authorities to act on criminal allegations while cases are still developing.
In dissent, Justice Ketanji Brown Jackson, joined by the Court’s two other liberal justices, warned that the ruling could place immigrants in prolonged legal uncertainty. She said the approach risks trapping individuals in what she described as “immigration limbo,” and argued that the government should be required to justify decisions based only on information available at the time of reentry.
The Trump administration argued that requiring a higher evidentiary standard at the border would make enforcement impractical and limit the government’s ability to respond quickly to suspected criminal activity. Officials maintained that immigration decisions should be allowed to incorporate later-developed evidence during proceedings.
AP News noted that the ruling comes as the Supreme Court continues to consider other major immigration cases tied to President Donald Trump’s broader enforcement agenda, including disputes over asylum policy, birthright citizenship, and temporary protections for migrants from conflict zones.
Supporters of the decision say it strengthens the government’s ability to enforce immigration law and act on credible suspicion, while critics warn it could make it easier for the state to pursue removal cases before criminal allegations are fully resolved.
The judgment marks another significant development in the Court’s evolving approach to immigration enforcement authority, reinforcing executive discretion while raising concerns about due process protections for lawful permanent residents.
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