The Supreme Court agreed Friday to review President Donald Trump’s policy blocking some migrants at the southern border from applying for asylum, bringing one of the administration’s central immigration restrictions before the justices.
The Trump administration is asking the court to overturn lower-court decisions that found the executive order unlawful. The policy has remained in place as the legal challenge moves forward and is part of a broader set of immigration restrictions Trump introduced after returning to office in 2025.
What the case concerns
Federal law gives people the right to seek asylum when they fear persecution in their home countries, regardless of how they entered the United States. The executive branch decides whether an individual ultimately receives asylum, which allows a person to live and work legally in the country.
The administration argues that the president can categorically deny asylum to migrants covered by the order and should not be required to accept applications that officials expect to reject. Federal attorneys have also argued that lengthy processing times contributed to a large increase in arrivals at the southern border because many migrants were released into the country while awaiting decisions.
“eviscerate” — immigration attorneys at the American Civil Liberties Union and National Immigrant Justice Center
Attorneys with the American Civil Liberties Union and the National Immigrant Justice Center argue that the order is an unlawful effort to eliminate protections for people fleeing danger. They also say crossings at the southern border were already declining before Trump took office.
The legal dispute
The case centers on whether the executive branch may prevent people from submitting asylum applications at all. Immigration attorneys argue that the law requires asylum claims to be considered individually and does not allow the president to unilaterally suspend the application process.
- The administration’s position: The president can deny asylum categorically to migrants covered by the order and should not have to process applications expected to fail.
- Opponents’ position: Federal law protects the right to apply for asylum and requires decisions to be made on an individual basis.
- The court’s role: The justices will review lower-court rulings that rejected the administration’s interpretation of the executive order.
The asylum policy is one of several immigration measures adopted by Trump after his return to the White House. The Supreme Court’s decision will address the administration’s authority to stop covered migrants from beginning the asylum process at the southern border.
