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By Amanda Castro
Associate News Editor
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A Supreme Court ruling on Thursday upheld the federal government’s authority to turn back asylum seekers at the United States–Mexico border, allowing officials to bar migrants from stepping onto U.S. soil before they can request protection.
The ruling reshapes when asylum rights are triggered and revives a tool the Trump administration has signaled it may use again during future border surges. It affects asylum seekers waiting in Mexico, border officers, and the processing system itself, and could lead to renewed limits on who can access the asylum process.
The 6–3 decision reversed a Ninth Circuit ruling and held that migrants standing in Mexico do not “arrive in the United States” simply by approaching a port of entry. Justice Samuel Alito, writing for the conservative majority, said asylum rights attach only once a person fully crosses the border, rejecting arguments that presenting oneself to a U.S. officer at the line is enough.
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It also clears the way for the administration to reinstate “metering,” a practice used by both Democratic and Republican administrations to cap the number of asylum seekers processed each day.
“We had to go all the way to SCOTUS to vindicate the principle that an alien is not 'in the United States' until he is, in fact, in the United States," said James Percival, Department of Homeland Security’s General Counsel, in a statement to Newsweek. "We have yet AGAIN been vindicated by the Supreme Court. This decision opens up an important tool to continue securing our southern border.”
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What the Supreme Court Decided
The court concluded that the Immigration and Nationality Act requires physical entry—not attempted entry—for asylum eligibility.
- Migrants blocked at the line are not considered to have “arrived.”
- Border officials are not required to inspect or process asylum claims until a person is on U.S. soil.
- The ruling reverses a lower‑court decision that had barred the government from turning people back.
Justice Sonia Sotomayor, joined by fellow liberal Justices Elena Kagan and Ketanji Brown Jackson, dissented, warning that the decision undermines decades of asylum practice and risks leaving vulnerable people stranded in danger.
What This Means at the Border
The ruling effectively revives the legal foundation for "metering"—a policy that limits the number of asylum seekers processed each day. Under metering, U.S. officers stand at the border and prevent additional migrants from entering U.S. territory once daily capacity is reached.
The Trump administration expanded metering across all southern ports of entry during its first term, arguing it was necessary to manage overcrowding. Immigrant‑rights groups challenged the practice, saying it violated asylum law and forced migrants into dangerous conditions in Mexico.
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A Shift in Asylum Access
For decades, the government interpreted asylum law to allow migrants to request protection at ports of entry if they feared persecution. The court’s ruling narrows that understanding, tying asylum access strictly to physical presence.
The decision comes amid a global surge in displacement—9 million people were awaiting asylum decisions worldwide at the end of 2025—and a U.S. immigration system already strained by backlogs nearing four million cases.
What Happens Next
The administration told the Court it wants flexibility to reinstate turn‑backs if border numbers spike.
- The ruling gives the government that authority.
- Lower‑court injunctions blocking metering are now effectively undone.
- Future legal challenges may focus on how the policy is implemented rather than whether it is lawful.
The decision marks one of the most significant shifts in asylum access in years, redefining when and whether migrants can invoke protections at the southern border.
Updated: 6/25/2026 at 1:29 p.m. to include comment from James Percival.
Contact Newsweek editors on this story: Gabe Whisnant and Sam Wilson.
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