American Supreme Court sides with Trump in asylum-processing case

Published June 26, 2026 Updated June 26, 2026 07:29am

WASHINGTON: The US Supreme Court handed President Donald Trump a victory on Thursday by backing the federal government’s authority to turn away asylum seekers when officials deem US-Mexico border crossings too overburdened to handle additional claims.

The court, in a 6-3 ruling powered by its conservative justices, overturned a lower court’s finding that the policy violated federal law. The Republican president’s administration has said it may seek to revive the policy, known as “metering,” after it was dropped by Trump’s Democratic predecessor, Joe Biden.

The ruling was one of two in immigration-related cases issued by the court on Thursday backing Trump.

The metering policy allows US immigration officials to stop asylum seekers at the border and indefinitely decline to process their claims. It is separate from a sweeping policy to deny entry to asylum seekers at the border that Trump announced after returning to the presidency last year. That policy also faces an ongoing legal challenge.

Under US law, a migrant who “arrives in the United States” may apply for asylum and must be inspected by a federal immigration official. The legal issue in the current case is whether asylum seekers who are stopped on the Mexican side of the border have arrived in the United States.

Conservative Justice Samuel Alito, who authored Thursday’s ruling, wrote that the answer is “no”. “In ordinary speech, no one would say that a person ‘arrives in’ a place — for example, a house, a city or a country — before the person enters that place,” Alito wrote. “The context in which the phrase ‘arrives in the United States’ is used in the immigration statutes at issue here supports an ordinary-meaning reading.”

Alito read a summary of his opinion from the bench, as is customary. Justice Sonia Sotomayor then read a lengthy summary of her dissenting opinion from the bench — an action that signals a justice’s strong opposition to a ruling.

Sotomayor, in a dissent that was joined by fellow liberal justices Elena Kagan and Ketanji Brown Jackson, wrote that Thursday’s ruling authorises US immigration officers to refuse to consider asylum applications by “physically blocking [applicants] from stepping foot onto US soil”.

“The consequences of today’s decision are predictable,” Sotomayor wrote.

“More people will die. More people will attempt to cross the border illegally, and some will make it while others will not. More people will be forced to walk along the US-Mexico border in dangerous conditions, trying to find a port that will inspect them.

“More people will turn back and be subjected to violence because of something they cannot or should not have to change about themselves, such as their race, religion, nationality or political opinion,“ she added.

In an unusual move, Alito then responded from the bench to Sotomayor with an additional defence of the ruling, saying there was much more he would have included in his opinion summary had he known that Sotomayor intended to air her dissent in court.

The other immigration-related ruling issued on Thursday was also authored by Alito, in which the court cleared the way for the Trump administration to strip hundreds of thousands of Haitian and Syrian immigrants of a humanitarian status that protects them from deportation.

Published in Dawn, June 26 , 2026

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