Supreme Court agrees to review Trump admin effort to limit immigrant asylum processing claims at border
The Supreme Court is set to review a significant case regarding asylum processing at the U.S.-Mexico border, stemming from the Trump administration’s attempts to redefine what it means for an immigrant to “arrive” in the United States. The case, titled Noem v. Al Otro Lado, centers on the interpretation of federal immigration law, which allows individuals who “arrive” in the U.S. to apply for asylum. The legal debate hinges on whether an immigrant’s “arrival” is defined by their interaction with immigration officials on U.S. soil or if it can occur while they are still in Mexico. This review comes after a federal appeals court ruled that individuals are considered to have “arrived” when they present themselves to immigration officials at the border, regardless of whether this meeting takes place on Mexican territory.
The implications of this case are profound, especially in light of the previous administration’s policies that included “metering”—a practice that involved turning away or delaying asylum seekers due to overcrowded ports of entry. The lower court’s ruling deemed such practices unlawful, emphasizing the rights of individuals seeking asylum. In 2023, the U.S. provided protection to 54,350 asylum seekers, with a notable split between those granted asylum by U.S. Citizenship and Immigration Services and those who received defensive asylum through the Department of Justice. As the Supreme Court prepares to hear arguments next year, with a ruling expected by early summer, the outcome could reshape the landscape of asylum processing and immigration policy at the southern border, impacting countless individuals seeking refuge in the United States. This case not only reflects the ongoing legal battles surrounding immigration but also highlights the broader humanitarian considerations at play in U.S. asylum law.
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The Supreme Court agreed to review an effort by the Trump administration to limit
asylum processing
claims from immigrants at the U.S.-Mexico border in an order issued Thursday.
The key issue in the case, Noem v. Al Otro Lado, is over what constitutes “arrival in the United States” within the meaning of federal immigration law. The law provides that an alien who “arrives” may apply for asylum and must be inspected by an immigration officer.
The legal question, however, is over whether an immigrant “arrives” to begin the process for the asylum claim when meeting immigration officers on the
U.S. side of the border
or while still on the Mexican side.
The Trump administration appealed to the Supreme Court after a federal appeals court said someone “arrives” when they present themselves to an immigration official “at the border,” even if that meeting occurs on Mexican soil.
SUPREME COURT PREPARES TO CONFRONT MONUMENTAL CASE OVER TRUMP EXECUTIVE POWER AND TARIFF AUTHORITY
The lower court had ruled that “metering,” or turning away or delaying asylum-seekers because the port was deemed full, was unlawful.
The U.S. provided protection to 54,350 asylum seekers during 2023, according to data compiled by the
Office of Homeland Security Statistics
, which is part of the Department of Homeland Security (DHS).
BORDER CROSSINGS PLUMMET TO HISTORIC LOWS; TRUMP’S ENFORCEMENT POLICIES YIELD BIG RESULTS
That figure included 22,300 individuals who were granted asylum by U.S. Citizenship and Immigration Services within DHS and 32,050 individuals who were granted asylum defensively by the U.S.
Department of Justice
Executive Office for Immigration Review.
The
Supreme Court
will hear arguments next year with a ruling expected by early summer.
This is a developing story; check back for updates.
