Blanche v. Lau · ¶61

So far, I have shown that the majority’s view makes no sense under the plain terms and mechanics of this statutory scheme. In the worst-case scenario under today’s holding, the Government could merely assume at the border that any one of the six exceptions applies to an LPR (without any evidence) and prove the applicability of the statutory downgrade at a later removal hearing, using evidence accrued in the meantime. The majority’s view also cannot be how Congress—the same one that took care to protect an LPR’s already-admitted status at the border—meant for this to work. A demotion to the status of “seeking an admission” is not costless. Quite to the contrary, it comes with significant deprivations.

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