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The Supreme Court says the U.S. can turn away asylum seekers at the border

By ยท 3 weeks ago

The U.S. Supreme Court handed down a major immigration ruling Wednesday, June 25 โ€” holding that federal law lets the government physically bar asylum seekers from crossing into the country before they can submit a claim for protection.

The vote was 6-3.

At the core of the ruling is a question that’s been fought over for years: does someone have to set foot on U.S. soil before the asylum process can begin? The court said no. Federal law, the majority held, permits officials to turn people away at the border without letting them enter โ€” cutting off the legal trigger that typically allows an asylum application to move forward.

The practical effect isn’t minor. Under the existing asylum framework, a person generally must be physically present in the United States to file a claim. By approving a policy that prevents that entry, the court’s ruling gives the federal government broad authority to keep asylum seekers in place โ€” on the other side of the border โ€” before any formal process starts.

Three justices dissented, though the court did not release the full opinion text in initial reports of the decision.

The ruling lands as border enforcement has been one of the most contested issues in federal policy. Immigration advocates have argued that physically blocking entry effectively strips people of protections written into U.S. law โ€” that turning someone away at the threshold is the same, in practice, as denying the asylum process altogether. The government’s position, which the majority accepted, is that the statute doesn’t require entry as a precondition.

What remains unclear is exactly how agencies will implement the decision going forward, and whether lower courts handling related challenges will move quickly to conform their own rulings to the new standard. No timeline for that has been announced.