Supreme Court Will Decide If Trump Can Ban Asylum Claims at the Border

The Supreme Court on Friday agreed to decide whether President Donald Trump has the authority to bar people who cross the southern border illegally from seeking asylum. The policy remains in effect while the case proceeds, NBC News reported, and a ruling is due before the end of June.

For migrants, that means the ban continues to apply for now, even though lower courts have found it unlawful.

What it means for people at the border

The ban stems from a proclamation Trump issued Jan. 20, 2025, declaring an “invasion” at the southern border. Under it, anyone who crosses without the required paperwork can be removed immediately without the ability to claim asylum, according to NBC News. CBS News reported that immigration authorities have used the policy to remove migrants summarily without letting them apply.

The Guardian noted that federal law lets people seek asylum if they fear persecution at home, no matter how they arrived. The Supreme Court’s decision will determine whether a president can shut that process for those covered by the proclamation.

What the administration argues

Solicitor General D. John Sauer wrote in court papers that the president has broad authority to bar entry under both immigration law and the Constitution. NBC News said he cited a provision allowing the president to restrict entry when he considers it detrimental to U.S. interests.

The Guardian reported that the administration says it can categorically deny asylum to migrants covered by the order and should not have to accept applications destined to be rejected. Federal attorneys also argue that long processing times previously contributed to a surge at the border, because many people were released into the country while waiting for decisions.

What the challengers argue

Lawyers at the American Civil Liberties Union argue that the ban violates the asylum rules Congress set in the Immigration and Nationality Act, including the process for people to show a credible fear of torture or persecution. NBC News said they wrote that a president cannot create a new removal system that strips away protections Congress required.

The Guardian reported that the ACLU and the National Immigrant Justice Center say border crossings were already falling before Trump took office, and that asylum decisions are supposed to be made case by case.

How the case got here

CBS News reported that three nonprofit groups and 13 people filed a class-action lawsuit in February 2025. The groups are the Refugee and Immigrant Center for Education and Legal Services, the Las Americas Immigrant Advocacy Center and the Florence Immigrant & Refugee Rights Project. In July 2025, U.S. District Judge Randolph Moss in Washington ruled that neither the Constitution nor immigration law gives the president authority to replace the procedures Congress enacted. He certified a class covering everyone affected by the proclamation.

In April, a divided three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit upheld that ruling. CBS News said the appeals court paused its ruling pending Supreme Court review, and the administration has kept enforcing the policy.

What happens next

A ruling is expected by the end of June, NBC News reported; CBS News said it could come in early July. The court is also weighing two other Trump immigration cases: efforts to deport people to countries they have no previous connection to, and the detention of thousands of people in deportation proceedings without release.

Around Prague, based on reporting by NBC News, CBS News, The Guardian

Cover photo: 颐园居 / Wikimedia Commons, CC BY-SA 4.0, cropped

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