Supreme Court Lets Trump Block Asylum Seekers at the Border

What the Supreme Court decided

The Supreme Court ruled 6-3 that the Trump administration can revive its so-called "turn-back" or "metering" policy. Under this policy, federal agents stand at the border line between the US and Mexico and physically stop migrants from entering US territory. Under US immigration law, the right to apply for asylum (protection from persecution in your home country) kicks in once a person arrives in the United States. The court's majority, led by Justice Samuel Alito, said a person does not "arrive in" the US until they actually step inside it. That single word — "in" — is now the legal wall between thousands of people and their right to seek safety.

Justice Sonia Sotomayor wrote a sharp 35-page dissent, nearly twice as long as the majority opinion. She warned that the ruling lets the government block asylum seekers even when a port of entry has plenty of space and trained officers available — and even when the person being turned away faces near-certain persecution or death. She compared the policy to the 1939 tragedy of the MS St. Louis, a ship carrying Jewish refugees that was turned away from the US; about half of those passengers later died after Nazi Germany invaded Western Europe.

The case was first filed in 2017 by Al Otro Lado, a legal aid group based in California and Mexico, on behalf of asylum seekers who were turned away under the first Trump administration. President Biden ended the policy in 2021, but the current Trump administration asked the Supreme Court to allow it again. The metering policy is not currently in effect at the border, but advocates warn that if it is reimplemented, another humanitarian crisis — like the dangerous encampments and deadly desert crossings seen before — is likely to follow.

What this means for asylum seekers

If the turn-back policy is put back in place, migrants who approach an official port of entry may be stopped before they can file an asylum application (the formal request for protection, usually started with Form I-589). Without physically entering US soil, they would have no legal right to start that process under the court's new interpretation. Human rights groups say this effectively allows the government to bypass both US law and international refugee protections. The Department of Homeland Security (DHS) has also been sending some migrants to third countries where they have never lived, adding another layer of danger for people fleeing persecution.

What to do

• If you are already inside the US and have a pending asylum application: This ruling does not automatically cancel your case. Continue attending all immigration court hearings and respond to any notices from USCIS or the immigration court.
• If you are outside the US and planning to seek asylum: Talk to an immigration lawyer or a legal aid organization before approaching the border. The rules at ports of entry may change quickly if the turn-back policy is reimplemented.
• If you were previously turned away at the border: Contact a nonprofit immigration legal services provider. Some organizations are tracking cases affected by this ruling and may be able to help.
• Stay informed: Follow trusted immigration news sources and check for updates from organizations like Al Otro Lado or the American Immigration Council, which are closely monitoring how this decision is applied.