Sanchez v. Mayorkas

Sanchez v. Mayorkas, decided June 7, 2021, was a U.S. Supreme Court immigration case. Jose Sanchez and Sonia Gonzalez were Temporary Protected Status beneficiaries who had entered the United States without inspection. They sought to adjust status to lawful permanent residents under INA Section 245(a), which generally requires that an applicant be inspected and admitted or paroled. They argued that TPS, which grants lawful nonimmigrant status during the protected period, should count as an admission for adjustment purposes. The Department of Homeland Security, represented by Secretary Alejandro Mayorkas, opposed the claim. In a unanimous opinion written by Justice Elena Kagan, the Court held that TPS does not constitute an admission into the United States. Because the petitioners had not been inspected and admitted, they could not rely solely on TPS to satisfy Section 245(a). The decision affirmed the Ninth Circuit and affected many TPS holders, especially from El Salvador, Honduras, and Haiti, limiting one path to permanent residence. The Court noted that Congress could change the law. The ruling emphasized that TPS provides protection from removal and work authorization, but it is not a substitute for lawful admission.

The Supreme Court unanimously affirmed the Ninth Circuit. TPS does not satisfy the inspected and admitted requirement for adjustment of status under Section 245(a). TPS recipients who originally entered without inspection cannot adjust status solely because of TPS. Other avenues, such as parole or a different statutory basis, may still apply. Congress may amend the law.

Whether a noncitizen who entered the United States without inspection and later received Temporary Protected Status is considered inspected and admitted under INA Section 245(a), and therefore eligible to adjust status to lawful permanent resident based solely on TPS.

The ruling affected hundreds of thousands of TPS beneficiaries, particularly from El Salvador, Honduras, Haiti, and other designated countries, by closing a commonly argued path to green cards. It increased pressure on Congress to enact immigration legislation, reinforced the temporary nature of TPS, and created uncertainty for mixed-status families. It also highlighted the distinction between TPS and lawful admission in U.S. immigration law.