Blanche v. Lau: Burdens of Proof for Reentering Residents

This Supreme Court case, Blanche v. Lau, addresses whether border officers must possess clear and convincing evidence of a crime before treating a lawful permanent resident as an applicant for admission. Under the Immigration and Nationality Act, residents returning from abroad are typically considered already admitted, but an exception exists for those who have committed certain offenses. The Court ruled that the government is not required to prove the commission of a crime at the moment of reentry. Instead, the legal burden may be satisfied during subsequent removal proceedings using evidence like a guilty plea. Consequently, the majority held that a pending criminal charge is sufficient for officials to pause a resident's formal admission status at the border. The dissenting justices argued that this sequence undermines the legal security of green card holders by allowing the government to justify status demotions with post-entry evidence.