The Supreme Court appears poised to allow President Trump to turn away asylum seekers who approach ports of entry along the U.S.-Mexico border, a decision which would reverse a lower court ruling that the policy likely violates federal law and international treaties.
A majority of the court’s conservative justices signaled during oral arguments in the case Tuesday that the administration should have broad leeway over border control and that asylum seekers who have not yet stepped foot on U.S. soil probably do not have a legal right to file a claim seeking protection.
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Justice Brett Kavanaugh suggested that regardless of where the line is drawn, the law stipulates that the government can prevent people from filing an asylum claim if it wants to. “The government’s presumably going to stop you on the other side of that line and prevent you from getting to wherever the line is. Right?” he asked.
The court’s three liberal justices were critical of the Trump administration’s interpretation of the law.
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At the heart of the case is the so-called “turn back” policy from Trump’s first term that kept asylum seekers waiting in Mexico as a method of “metering” access at border crossings that faced overcrowding. Border officials contend it was a temporary policy, imposed only when conditions required.
While the administration voluntarily discontinued the practice in 2021 after a lower court deemed it unlawful, the government now wants the justices to approve the ability to reinstate the policy if necessary. Trump has invoked alternate legal authorities to support his current border crackdown.
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The court is expected to issue a decision on the Trump administration’s bid to resurrect the “metering” and “turn back” policy by the end of June.
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