The Supreme Court agreed Friday to decide whether President Donald Trump can bar migrants who cross the southern border illegally from applying for asylum, taking up one of the central pieces of his immigration agenda.
The justices accepted the administration’s appeal of lower-court rulings that found Trump exceeded his authority, the Associated Press and Reuters reported. Arguments are expected in the coming months, with a decision likely by the end of June 2027. The policy has remained in effect while the case moves through the courts.
What the policy does
Trump announced the restrictions on Jan. 20, 2025, hours into his second term, as part of a series of immigration measures. Under the proclamation, migrants caught crossing the southern border illegally cannot pursue asylum claims. It also covers people who arrive at official crossings without certain medical or criminal history information. The proclamation stays in place until Trump determines that what he calls an “invasion” at the border has ended, Reuters reported. The policy is broader than limits that former President Joe Biden imposed.
How the case got here
In July 2025, a federal judge in Washington ruled for immigrant rights groups in a class-action lawsuit, finding that people seeking asylum were being denied “credible fear” interviews before deportation. In April, the U.S. Court of Appeals for the D.C. Circuit upheld that ruling but largely kept it from taking effect so the government could appeal, according to Reuters.
The two sides
The administration argues that while federal law lets people seek asylum, it also gives the executive branch power to decide who receives it, so the government can categorically deny asylum to migrants covered by the order and should not have to accept applications that will be rejected. Federal attorneys say long processing times previously drew more migrants to the border, because many were released into the country while awaiting decisions, the AP reported. The administration credits the policy with helping to reduce border crossings.
The challengers, represented by lawyers from the American Civil Liberties Union and the National Immigrant Justice Center, argue that federal law guarantees people the right to apply for asylum however they arrive, that cases must be decided individually and that the president cannot unilaterally stop people from applying. They also say crossings were already falling before Trump took office, and that the medical and criminal history requirement is often impossible for people fleeing violence to meet.
The bigger picture
The court, which has a 6-3 conservative majority, has largely sided with the administration on emergency immigration requests during Trump’s second term, Reuters noted. In September 2025 it allowed deportations to countries other than migrants’ own, and the justices are scheduled to hear arguments on that policy on Dec. 9.
The ruling will arrive as a new Congress takes shape. Read our report on how both parties are regrouping after the midterms, and for family history, see how to find your family’s Ellis Island arrival story.
Why it matters for families
- The decision will shape how the U.S. handles people seeking protection at the border for years, regardless of who is president.
- Families with relatives seeking asylum should consult a qualified immigration attorney or accredited legal aid organization; the law in this area is changing quickly.
- The case also tests how much power any president has to act on immigration without new laws from Congress.
What to watch next
The court will set an argument date in the coming weeks. Upstormed News will follow the case.
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How do you think the country should balance border security and protection for people fleeing danger? Share your view respectfully in the comments.
Sources: Associated Press via WBAY, “Supreme Court will consider Trump’s executive order suspending asylum access at the southern border” (Nov. 13, 2026); Reuters via Yahoo News, “Supreme Court will weigh Trump’s asylum restrictions at US-Mexico border” (Nov. 13, 2026)
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