Supreme Court to Hear Trump’s Challenge Over Asylum Claims at the Border

Justices take up asylum ban

The administration is asking the justices to reverse lower court decisions that found the executive order unlawful. The restriction has remained in effect while the case proceeds.

Dispute over federal law

Federal law allows people who fear persecution in their home countries to seek asylum, regardless of how they entered the United States. The executive branch decides whether to grant asylum, which permits recipients to live and work legally in the country.

The administration argues it may deny asylum categorically to migrants covered by the order and need not accept applications it expects to reject. Federal attorneys say lengthy processing times previously helped drive a large influx at the southern border, as many migrants were released while awaiting decisions.

Attorneys with the American Civil Liberties Union and the National Immigrant Justice Center say crossings were already declining before Trump took office. They argue the president cannot unilaterally eliminate legal protections for people fleeing danger, and that asylum decisions must be made individually.

Case joins other immigration disputes

It is the third major immigration case before the court this term. The justices will also consider whether migrants may be rapidly deported to countries other than their homelands and whether they can be held indefinitely during deportation proceedings. Earlier this year, the court ruled for the administration in another asylum case, clearing the way for a possible revival of a policy known as “metering,” which has been used to turn back immigrants.