Supreme Court to Hear Arguments in TPS/Adjustment of Status Case

Official Supreme Court Photograph

Next Monday, the Supreme Court will hear oral argument in Sanchez v. Mayorkas.  The case raises the question whether recipients of  temporary protected status are eligible to adjust their status to become lawful-permanent-residents. The U.S. Court of Appeals for the Third Circuit held that petitioners were not.

A group of immigration law professors submitted an amici brief in support of the Petitioners.   The Constitutional Accountability Center also filed a brief and has a summary of the case here.

John Fritze for USA Today offers some background on the Petitioners:

"Jose Sanchez and Sonia Gonzalez have lived in the United States legally for two decades under a program that lets immigrants from nations enduring natural disasters and armed conflict temporarily avoid returning to their native countries.

But when the New Jersey couple applied for green cards – which would let them remain permanently – they were denied because they initially entered the country illegally." (bold added).

UPDATE (1:45 PST):  Maryellen Fullerton provides a preview of the oral argument for SCOTUSBlog.

UPDATE (April 19):  Here is the transcript to the argument.

UPDATE (April 22): Maryellen Fullerton recaps the argument  for SCOTUSBlog.  Her conclusion:

"Overall the justices appeared unconvinced by arguments for Sanchez and Gonzalez. They expressed reluctance to tackle the Chevron doctrine in this setting, which makes it likely they will conclude the statute is unambiguous. That conclusion would deprive Sanchez and Gonzalez of the ability to adjust their status from temporary to permanent residence in the United States. It would also deprive the government of the ability to exercise discretion in favor of tens of thousands of TPS holders approved by immigration officials to become permanent residents. The government may win this case and tie its own hands."

KJ