Supreme Court: Trump Administration Allowed to Turn Away Asylum Seekers at the Border

June 25, 2026

On June 25, the Supreme Court issued a decision (6 – 3, split along familiar ideological lines) allowing the Trump Administration to prevent asylum claims by turning away asylum-seekers before they enter the United States. This policy was instituted late in President Obama’s 2nd term, before being greatly expanded in the first Trump administration.

A Refuge from Political Violence

The asylum process allows noncitizens to apply for legal status in the United States on the basis of past persecution (or well-founded fear of future persecution) in their home country on the basis of race, religion, nationality, political opinion, or membership in a particular social group. The idea is that, if you are fleeing violent persecution, or would likely be subject to violent persecution upon returning to your home country, the U.S. will not force you to go home and confront that violence. By federal law, any noncitizen who is physically present in the United States, or who “arrives in the United States”, may apply for asylum.

For decades prior to 2016, the government allowed anyone who presented themselves at a border crossing to initiate an asylum claim. However, in 2016, as an increasing number of Haitian nationals attempted to enter on asylum claims at the southern border crossing near San Diego, the Obama administration began turning would-be asylum-seekers away before they could enter the U.S. and begin their asylum claims. The Trump administration greatly expanded this policy from 2016 – 2020, effectively shutting down the entry of would-be asylum-seekers over the entire southern border. The Biden administration rescinded the policy entirely in 2021, until the Trump administration tried to resurrect it, leading to the current Supreme Court decision.

Missing the Law’s Intent

The Supreme Court’s decision hinged on their reinterpretation of what it means to “arrive in the United States.” The six conservative justices determined that presenting oneself at the border crossing did not constitute “arrival” in the United States, stating that migrants sanding in Mexico do not arrive by “attempting, and failing, to set foot in this country”. In other words, until you physically cross the border, you have not “arrived”. That leaves open the question of why the law would even bother adding the “or who arrives in the United States” language, given that the law already provided for people who were “physically present in the United States.” Further, this reinterpretation subverts the intent of asylum law, which is to provide safety for those fleeing persecution. If the government can turn away anyone seeking asylum, then the law establishing asylum protections can be undone by any President who disagrees with it.

What This Means for Asylum Seekers

If you are already present in the United States, this decision does not impact your ability to apply for asylum. However, if you are not present in the United States, and are fleeing persecution, it seems likely that the Trump administration will revive its first-term policy of preventing you from entering the United States, and thus preventing your asylum claim. If you are considering an asylum claim (whether present in the United States or not), we recommend speaking with an immigration attorney.

June 25, 2026

Supreme Court: Trump Administration Allowed to Turn Away Asylum Seekers at the Border On June 25, the Supreme Court issued a decision (6 – 3, split along familiar ideological lines) allowing the Trump...More