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Tipsheet

The Supreme Court Takes Up Major Case on Asylum at the Southern Border

The Supreme Court Takes Up Major Case on Asylum at the Southern Border
AP Photo/John McDonnell

The Supreme Court has agreed to review a rule established by the Trump administration that sought to limit asylum seekers at the U.S.-Mexico border, in an order issued Thursday. 

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The case, Noem v. Al Otro Lado, will determine what constitutes "arriving" in the United States, a question the Trump administration argues must be decided on the U.S. side of the southern border. When an asylum seeker "arrives" in the U.S., they must be inspected by an immigration officer and may begin the asylum process. 

The Trump administration's rule, called "metering," is when Border Patrol turns away or delays asylum-seekers at official border crossings, claiming the port is full, and restricts entry to a limited daily number. This typically occurs on the Mexico side of the border. 

An appeals court ruled that "metering" is an unlawful practice and that the asylum seeker "arrives" when they meet a U.S. immigration officer, regardless of which side of the border that happens. 

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In 2023, the United States protected 54,350 asylum seekers, including 22,300 individuals granted asylum by U.S. Citizenship and Immigration Services within DHS and 32,050 individuals defensively granted asylum by the Department of Justice’s Executive Office for Immigration Review, according to data from the Office of Homeland Security Statistics. 

A defensive grant of asylum means the individual was granted protection from deportation while already in removal proceedings.

The Supreme Court is expected to hear arguments next year and come to a decision at the beginning of summer. 

Editor’s Note: Thanks to President Trump, illegal immigration into our great country has virtually stopped. Despite the radical left's lies, new legislation wasn't needed to secure our border, just a new president.

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