Washington Examinercriminal immigrants, hands DHS win
Slate MagazineTerrifying New Power
Daily Signal⚠
The Supreme Court ruled 6-3 in Blanche v. Lau that DHS may classify a green-card holder as an applicant for admission based on a crime involving moral turpitude without clear and convincing evidence at the border. Clarence Thomas authored the majority opinion. The case concerned Muk Choi Lau, a Chinese national charged with trademark counterfeiting in 2012.
The ruling expands DHS authority to treat lawful permanent residents as applicants for admission without clear and convincing evidence, eroding due process for non-citizens.
“Due-process erosion and administrative efficiency over individualized fairness”
Conservative
The decision correctly upholds DHS authority to act on available facts without elevated evidentiary standards at the border.
“Sovereign control and enforcement under the INA”
Libertarian
The outcome expands executive discretion by lowering evidentiary thresholds for reclassifying lawful permanent residents.
“Risks of arbitrary state power versus procedural safeguards”
Devil's Advocate
All perspectives accept unexamined premises about CIMT classification and overlook verification of case facts such as residency dates.
“Shared assumptions across viewpoints and unaddressed statutory mechanics”