Split 8th Circ. Says TPS Holders Eligible For Green Cards

Law360 (October 27, 2020, 8:40 PM EDT) -- A split Eighth Circuit panel ruled Tuesday that individuals with Temporary Protected Status may be eligible to become permanent residents regardless of how they initially entered the U.S., deepening an already entrenched circuit split.

In a 2-1 precedential decision, the Eighth Circuit sided with four TPS holders who sued the Trump administration for denying their applications for adjustment of status. U.S. Citizenship and Immigration Services had rejected the green card requests, noting that the migrants had entered the country without inspection and couldn't meet the base requirement that they be "inspected and admitted" in the U.S.

A Minnesota federal court overturned...

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