Immigrant Legal Resource Center

On June 23, 2026, the U.S. Supreme Court issued a 6-3 decision in Blanche v. Lau, in which it held that a border officer can determine that a lawful permanent resident (LPR) returning to the United States after a trip abroad is an applicant for admission based on the commission of a crime, even without clear and convincing evidence to support that finding. Mr. Lau, an LPR, traveled abroad while a criminal charge was pending against him for a potential crime involving moral turpitude (CIMT).

The comment explains that denying applications after they have already been accepted can result in the loss of filing fees, lengthy delays, and even permanent loss of immigration benefits when eligibility depends on the original filing date.

This advisory summarizes the majority and dissent’s opinions, and shares practice tips for criminal defenders and immigration practitioners in light of the decision.

The Immigrant Legal Resource Center (ILRC) submitted comments opposing the Department of Homeland Security's proposed rule to increase the filing fee for Form I-246, the Application for a Stay of Deportation or Removal, from $155 to $755. The comment provides that the proposed 387% fee increase is arbitrary and capricious under the Administrative Procedure Act because DHS fails to provide a reasoned justification for the increase or adequately consider its devastating impact on immigrants seeking protection from deportation.

On June 29, 2026, the Immigrant Legal Resource Center (ILRC) submitted comments urging USCIS to withdraw its proposed revisions to Form N-648, the Medical Certification for Disability Exceptions used by naturalization applicants seeking a waiver of the English and civics requirements based on disability. ILRC commented that the proposed revisions unlawfully impose new eligibility standards that are not authorized by the Immigration and Nationality Act, federal regulations, or USCIS's own Policy Manual.