Supreme Court Clarifies When Returning Green Card Holders May Be Treated as Applicants for Admission

Short summary

U.S. Supreme Court in Blanche v. Lau lowered the evidentiary threshold for border officers treating returning green card holders as applicants for admission. HR departments must strengthen pre-travel protocols for LPR employees with unresolved criminal exposure, as international travel now carries increased immigration risk. The ruling expands government discretion at the border while maintaining higher evidentiary standards for actual removal proceedings.

• •Border officers no longer need 'clear and convincing evidence' at entry; lower threshold now applies
• •HR must assess criminal exposure and require immigration counsel consultation before approving international travel for LPR employees
• •Returning LPRs face greater risk of being treated as applicants for admission, triggering inadmissibility proceedings rather than deportability

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