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Supreme Court Appears Poised to Let Trump Administration Turn Away Asylum Seekers

The court’s decision would allow Trump to revive a 2016 policy blocking migrants seeking asylum.

Protesters hold a vigil before the U.S. Supreme Court hears arguments on denying potential asylum seekers entry to the U.S.

Bill Clark/AP

By Christa Dutton

March 24, 2026 06:20 PM

The Supreme Court appears open to letting the Trump administration block asylum seekers at the southern U.S. border with Mexico.

If the court rules in favor of the White House, it would allow President Donald Trump to bring back a 2016 policy that let the government stop migrants from entering the U.S. — and by extension deny them asylum. The policy began under President Barack Obama and was expanded under Trump during his first term before it was repealed by President Joe Biden in 2021.

Federal law allows noncitizens who set foot in the U.S. to apply for asylum. At issue in this case is a dispute over what it means for someone to “arrive” in the country.

The justices are deciding whether a migrant who is stopped on the Mexican side of the border must be granted an interview to gain asylum. The migrants challenging the policy argue that people attempting to enter the U.S. must be given an opportunity to apply for asylum, even if they are barred from physically entering the country.

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“‘Arriving’ sounds more ‘in the process of.’ ‘Arrives in’ sounds more like ‘you’ve reached your destination,’” Justice Amy Coney Barrett, who was appointed by Trump during his first term, said. “If it’s not crossing the physical border, what is the magic thing?”

Liberal justices Sonia Sotomayor and Ketanji Brown Jackson appeared more skeptical of the administration’s argument. Jackson argued that hindering asylum claims could incentivize migrants to enter the country illegally, and Sotomayor said the administration’s policy would violate Congress’ statute that allows migrants to seek protection from persecution.

The court will likely decide the case in late June or early July.

Tuesday’s hearing is one of several debates over immigration being litigated in the courts. Next month, the Supreme Court will hear arguments on the administration’s order to end birthright citizenship.

All lower courts have struck down the order, citing the 14th Amendment to the Constitution, though the Supreme Court justices appeared divided on the issue at a hearing last year.