The Supreme Court will consider President Donald Trump’s restrictions on asylum at the southern border.
The Trump administration asked the high court to overturn an appeals court ruling that found his executive order restricting asylum applications was illegal.
The administration argues it can deny any asylum to migrants covered by the order and does not have to accept applications likely to be rejected.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia ruled that people have the right to apply for asylum at the border and the executive branch can not prevent that.
At issue is federal law that allows migrants to seek asylum in the United States, while the executive branch decides who is granted asylum.
The administration contends that, in certain countries, people need not fear persecution and an application for asylum would almost certainly be denied.
The Justice Department also argues that the processing time for applications can take years and has contributed to a large influx of immigrants at the southern border, according to the Associated Press.
On the first day of his second term, President Donald Trump said the border surge was an invasion and added he was “suspending the physical entry” of migrants and their ability to seek asylum until he determined the emergency was over.
The American Civil Liberties Union and National Immigrant Justice Center are representing immigrants in the case. They have contended in court filings that border crossings were falling before Trump took office in January 2025, and that his executive order would unlawfully “eviscerate” legal protections for people fleeing danger in their home countries.
This story is developing and will be updated.
