On June 25, 2026, the Supreme Court determined in Blanche v. Lau that border officers may treat a lawful permanent resident (i.e., a “green-card holder” or “LPR”) returning to the United States after traveling abroad as “an applicant for admission” if the officer believes that the green-card holder committed a crime. The officer does not need clear and convincing proof that the person did commit a crime. The government can also build its case later, at the person’s removal hearing, using evidence that did not exist when the person re-entered the United States (like a subsequent criminal conviction).

Justice Jackson noted in her dissent that the Supreme Court’s decision may be a “massive blank check” to the government, which is especially concerning given that border officers already routinely abuse their power.

LPRs, unlike other noncitizens, generally cannot be treated like they are applying for admission when they return to the United States from abroad because they have already been “admitted” as a result of being granted their green cards. There are only six exceptions to this rule: (1) if they’ve abandoned their LPR status; (2) if they left the U.S. for more than 180 days; (3) if they committed a crime during their travel; (4) if they left the U.S. while they were in removal or extradition proceedings; (5) if they committed certain crimes in the U.S. that make them inadmissible; and (6) if they try to enter the U.S. without inspection. Mr. Lau’s case was about exception number five: whether he had committed a crime that made him inadmissible to the United States, as he was charged—but not convicted—and while those charges were pending when he traveled to China.

Following the decision, it is likely that border officers will treat more green-card holders returning from trips abroad as applicants for admission based solely on pending criminal charges, or even if the person was never charged with a crime. This also means that green-card holders may be detained following international travel, be placed in immigration court proceedings, and face charges that they are inadmissible for other reasons. It is therefore now more important than ever to seek and obtain specific immigration advice from an attorney before departing the United States.