Supreme Court will consider Trump’s executive order suspending asylum access at the southern border
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WASHINGTON (AP) — The Supreme Court agreed Friday to consider President Donald Trump’s ban on asylum at the southern border, a pillar of the Republican president’s far-reaching crackdown on immigration.
The Trump administration is asking the justices to overturn lower court decisions that found the executive order banning asylum applications illegal. It’s the latest in a series of immigration cases before the high court.
Federal law gives people the right to seek asylum if they fear persecution in their home countries, no matter how they arrived in the U.S.
At the same time, it also allows the executive branch to decide whether people are granted asylum. The Trump administration argues it can categorically deny asylum to migrants covered by the order and should not have to accept applications destined to be rejected.
Federal attorneys say yearslong processing times had previously contributed to a major influx of migrants at the southern border as many were released into the country while awaiting a decision.
But immigration attorneys at the American Civil Liberties Union and National Immigrant Justice Center counter that border crossings were already falling before Trump took office.
They say his executive order is an unlawful attempt to unilaterally “eviscerate” legal protections aimed at protecting people fleeing danger in their home countries.
The executive branch does decide whether to grant asylum, which allows people to live and work legally in the U.S. But those decisions are supposed to be made on an individual basis and the law doesn’t allow the president to unilaterally stop people from even applying, immigration attorneys argue.
The asylum ban was one of a series of immigration restrictions Trump rolled out upon his return to office in 2025. It has remained in place during the litigation.
The justices are expected to hear the case in the coming months and hand down a decision by the end of June.
It’s the third major immigration case the high court will hear this term. The justices will also decide whether people can be swiftly deported to countries other than their homelands and if immigrants can be detained indefinitely during deportation proceedings.
The justices decided another asylum case in favor of the administration earlier this year, clearing the way for the Trump administration to potentially revive a “metering” policy that has been used to turn back immigrants in years past.