Non-citizens who arrive at the US border do not automatically qualify for asylum and can be turned away if they are still outside the country, the US Supreme Court has ruled in a 6–3 decision backing the Trump administration’s interpretation of immigration law.The case focused on whether people waiting on the Mexican side of the US-Mexico border can be considered as having “arrived” in US under federal asylum law, which allows applications from those “physically present in the United States” or who “arrives in the United States.”Justice Samuel Alito said the law only applies once a person physically crosses into US territory. He said someone standing in Mexico does not “arrive in the US by attempting, and failing, to set foot in this country,” and therefore only arrives once they cross the border. On that basis, he concluded that federal law does not require immigration officers to inspect such individuals.In dissent, Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, criticised the ruling and its impact on asylum seekers. She said the majority “blesses the Executive Branch’s decision to slam the door shut on all who are fleeing persecution, despite the detailed inspection and asylum system that Congress enacted and commands.”The government argued that the wording of the law was clear, saying a person cannot “arrive in” US while still standing in Mexico, adding, “that should be the end of this case.” Lawyers for immigrants warned that this would undermine asylum protections and compromise with the country’s legal and humanitarian commitments.The dispute also stems from long-running border practices. Until 2016, asylum seekers at official US-Mexico ports of entry would cross into US and wait for inspection. However, the Obama administration introduced a “metering” policy allowing border officials to turn people away when entry points were full. The first Trump administration expanded that approach, but the Biden administration later ended it.
Non-citizens arriving at US border do not automatically get asylum, can be turned away
