Supreme Court to Review Trump Administration’s Border Asylum Suspension

The U.S. Supreme Court announced on Friday that it will hear arguments on whether the Trump administration’s 2025 proclamation suspending asylum for migrants at the southern border was lawful. The case, Mullin v. Refugee and Immigrant Center for Education and Legal Services, stems from a proclamation that labeled the border an “invasion” and barred non‑citizens from seeking asylum.

The Department of Homeland Security issued guidance that reinforced the proclamation, refusing asylum applications and promising rapid removal for anyone who entered despite the ban. Thirteen individuals who claim persecution abroad and three immigration nonprofits filed a class‑action suit, arguing the actions violate federal immigration statutes.

Lower Courts’ Rulings

U.S. District Judge Randolph Moss found the DHS guidance unlawful, issued a class‑wide injunction, and blocked its enforcement. The D.C. Circuit initially paused part of that order but later largely upheld it, with Judges J. Michelle Childs and Cornelia Pillard writing that Congress did not intend to give the President sweeping power to suspend asylum. Judge Justin Walker dissented in part, acknowledging the President’s discretion to deny asylum but insisting removal to persecution‑risk countries is prohibited.

Government’s Position

Solicitor General D. John Sauer told the justices that the President’s inherent and delegated authority to exclude aliens justifies the suspension. He argued lower courts lack authority to issue class‑wide injunctions and that many alleged class members are overseas and therefore not injured.

What This Means for Immigrants

If the Supreme Court upholds the lower courts, the prohibition on asylum applications for those entering illegally will remain blocked, allowing eligible migrants to file for asylum and receive hearings. If the Court sides with the government, the proclamation and guidance could stay in effect, meaning anyone who crosses the border without prior permission may be removed without a chance to apply for asylum.

People currently outside the United States who fear persecution should monitor the case closely. Those already detained should seek legal counsel to determine whether they can still file for asylum or request a hearing.

When to Seek Legal Help

Anyone who believes they fall within the class of challengers—or who faces removal under the proclamation—should consult an immigration attorney promptly to assess options and preserve any remaining procedural rights.

This article is general information based on SCOTUSblog and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published November 13, 2026.