On October 13, 2026, the Supreme Court agreed to hear Blanche v. Ozurumba, No. 25-1343, a case about the scope of the "material support" bar in the Immigration and Nationality Act. The decision could affect asylum seekers, green card applicants and others whose past payments or assistance to an armed group are at issue.
Table of Contents
The question presented
According to the Court's official question presented, a noncitizen is removable and ineligible for various immigration benefits if he provided material support to a terrorist organization. The question is whether, under 8 U.S.C. § 1182(a)(3)(B)(iv)(VI), such support must advance the organization's actual commission of terrorism to qualify for the bar. The case comes from the Fourth Circuit, which decided it on September 2, 2025 (reported at 153 F.4th 396) and denied rehearing on December 30, 2025. The petitioner is the Attorney General.
The statute
The definition of "engage in terrorist activity" in 8 U.S.C. § 1182(a)(3)(B)(iv) includes affording material support, such as a safe house, transportation, communications, funds, documents, weapons or training, to a terrorist organization or its members. The definition of terrorist organization is broad and includes some groups that are not formally designated. Because the bar reaches support in many forms, it can apply to people who gave small amounts of money or services, sometimes under pressure.
Why it matters
The bar operates across the system:
- It is a ground of inadmissibility, which affects adjustment of status and immigrant visas.
- A corresponding ground of deportability applies to people already admitted.
- It bars asylum and withholding of removal, which leaves only deferral of removal under the Convention Against Torture for many applicants.
For the interplay between bars and protection claims, see asylum, withholding and CAT with a criminal record.
Exemptions
The statute allows the Secretary of State or the Secretary of Homeland Security, after consultation, to exempt certain people or groups from parts of the terrorism-related grounds. These exemptions are discretionary and apply case by case or to defined situations. A decision narrowing the bar would reduce the number of cases that depend on an exemption.
What applicants should do now
- Do not omit past contacts with armed groups from applications; omissions create misrepresentation and credibility problems.
- Gather evidence of the circumstances of any support, including threats, coercion, amounts and timing.
- Expect long processing for affected cases while the Supreme Court considers the issue.
- Understand the basic structure of the law in our guide to the INA and the broader set of grounds that affect immigration status.
Delays in security-related cases
Applications flagged for terrorism-related grounds are often held for long periods during background review. FBI name check and background check mandamus explains how applicants have challenged unreasonable delays. Other Supreme Court immigration cases this term include DHS v. D.V.D. and Rhoney v. Barbosa da Cunha.
Timeline
The Court granted review on October 13, 2026. Briefing follows the Court's rules, and the docket will show the argument date once it is set. A decision would normally be expected by the end of the Court's term. Until then, the Fourth Circuit's decision remains the law in that circuit, and agencies elsewhere apply their existing interpretation. Applicants in New York and New Jersey should not assume a particular outcome and should prepare for both readings of the statute.
Related Guides on This Site
See also New Report Shows Devastating Effects of Trumps Expanded Travel Ban. See also VAWA Self-Petitions: Good Moral Character and Criminal History. See also What to Expect in a Preliminary Injunction Hearing.
Disclosure: Criminal Immigration Law collaborates with the law firm that publishes Mandamus.com and N600K.com; some articles link to their guides. General information only, not legal advice.
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