Supreme Court Holds LPRs with Pending Criminal Charges May Be Deemed Applicants for Admission When Re-Entering the United States: Blanche v. Lau

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). Even though no conviction had occurred when Mr. Lau sought re-entry, the Court found that border agents could deem him an applicant seeking an admission, and then use a later conviction to charge him in removal proceedings as an inadmissible noncitizen. This advisory summarizes the majority and dissent’s opinions, and shares practice tips for criminal defenders and immigration practitioners in light of the decision.