SCOTUS to hear Trump’s case banning asylum claims at US border

This is the latest case related to immigration that the Supreme Court will hear in its 2027 term, alongside the removal of migrants to third countries and detaining illegal immigrants within the US without a bond hearing. Decisions are expected by early July at the latest, per CBS News.

Trump issued a proclamation on day one of his return to office, stating that there is an “invasion” at the southern border. He suspended the entry of migrants crossing the border illegally between ports of entry and barred them from seeking asylum that would allow them to remain in the US. The DHS issued guidance implementing the directive.

Three nonprofits and 13 people filed a class-action lawsuit in February of 2025, with a federal judge later finding the asylum restrictions unlawful. The Trump administration appealed, and a divided three-judge panel upheld the decision in April. The policy has remained in effect as court proceedings continue.

Solicitor General D. John Sauer has said that the policy is Trump’s “main tool” for stopping illegal crossings. Sauer wrote in court filings, “And as several high-ranking government officials have explained, if allowed to take effect, the order below threatens to open the floodgates to illegal entry, once again overwhelming the system and rendering the southern border vulnerable to the trafficking of drugs, weapons, and other contraband and enabling cartels to re-establish control.”