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Supreme Court takes up case over asylum access at border

Supreme Court takes up case over asylum access at border

Also reported by PBS NewsHour, The Hill

Full coverage (3 outlets)

Summary

The Supreme Court agreed to hear a challenge to President Donald Trump’s directive suspending asylum access for migrants who cross the southern border outside official ports of entry. Lower courts ruled that the directive exceeded presidential authority, but the policy remains in effect while the Supreme Court considers the case.

Key Facts

  • Trump issued the directive on his first day back in office, citing what he called an invasion at the southern border.
  • The directive suspends entry for migrants crossing between ports of entry and bars them from applying for asylum and certain other protections.
  • The Department of Homeland Security issued guidance to implement the directive, which immigration authorities have used to remove some migrants without an asylum application process.
  • Three nonprofit groups and 13 people filed a class-action lawsuit in February 2025 challenging the directive and the guidance.
  • A federal judge ruled that the administration lacked authority to replace immigration procedures set by Congress and blocked enforcement against the certified class.
  • A divided three-judge appeals panel upheld the lower court’s ruling, finding that the directive exceeded the president’s authority.
  • The appeals court paused its ruling while the Supreme Court reviews the case.
  • The Supreme Court is expected to issue decisions in the cases by the end of June or early July.
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