Tipsheet

The Supreme Court Hands the Trump Administration a Victory on Immigration

The Supreme Court unanimously ruled that federal appeals courts must defer to immigration judges’ determinations on whether asylum-seekers face harm in their home countries severe enough to qualify for U.S. protection, marking a victory for the Trump administration’s immigration agenda. 

The decision is expected to streamline the asylum process and block common tactics used by applicants and their attorneys to delay removal from the country.

The case, Urias-Orellana et al. v. Bondi, centered on a family that entered the country from El Salvador in 2021 and pursued asylum. They claimed they were being persecuted based on credible testimony that a hitman had killed two of the husband’s half-brothers and was targeting their family with death threats, extortion demands, and violence. 

An Immigration Judge and the Board of Immigration Appeals found the testimony credible but ruled the facts did not rise to the level of “persecution” under the Immigration and Nationality Act. They denied asylum and ordered removal. The case was appealed, but the First Circuit Court of Appeals upheld the denial.

The Supreme Court agreed, with Ketanji Brown Jackson writing the majority opinion.

“We conclude that the statute requires application of the substantial-evidence standard to the agency’s conclusion that a given set of undisputed facts does not constitute persecution,” Jackson wrote. “Accordingly, we affirm.”

Under the ruling, federal appeals courts must now defer to immigration agencies on questions of asylum. Once an agency determines that the facts do not establish persecution, courts have far less ability to second-guess that judgment, making successful asylum appeals more difficult. The decision also streamlines removals and reduces administrative delays by eliminating a common tactic used by asylum seekers and their attorneys: asking courts to independently re-evaluate whether persecution occurred.