On June 23, 2026, the U.S. Supreme Court issued a decision that gives U.S. border officials significant discretion when evaluating certain lawful permanent residents (green card holders) returning to the United States. As a result, international travel may pose greater risks for some green card holders with criminal histories or other conduct that could affect their immigration status. Specifically, the Court held that border officials do not need to satisfy the heightened “clear and convincing evidence” standard when determining whether a returning green card holder may have committed a crime. Without the heightened standard, border officials may determine that a green card holder committed a crime even without a conviction. As a result, some returning green card holders may face greater scrutiny at the border and, in some cases, may be placed into removal proceedings based on criminal conduct that has not resulted in a conviction.
Green card holders should consult immigration counsel before traveling internationally if they have any of the following:
- A pending criminal charge or recent arrest;
- Any prior conviction, even if old;
- A dismissed, expunged, sealed, or vacated case;
- A diversion, deferred adjudication, or probation issue;
- Any theft, fraud, drug, domestic violence, or moral-turpitude-related concern;
- Any conduct that could raise inadmissibility issues.
Even where a case seems minor or did not result in a conviction, travel may create the risk of secondary inspection, being treated as an applicant for admission, detention, or removal proceedings.
This development does not mean every green card holder with a criminal issue will be prevented from returning to the United States or placed into removal proceedings. However, green card holders with any criminal history or other conduct that could raise inadmissibility concerns concern are advised to consult with an immigration attorney before leaving the United States.
The immigration attorneys at Ryan Swanson are available to assist individuals in preparing for international travel following this decision.
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