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Supreme Court Agrees to Decide Whether Trump Can Block Asylum at the Border by Declaring an ‘Invasion’

The justices will review rulings that found Trump’s Day One proclamation shutting off asylum at the southern border unlawful. The restrictions stay in place while the case is decided, likely by June.

By 2 min read
Exterior of the U.S. Supreme Court building in Washington
U.S. Supreme Court building. Photo: 颐园居, CC BY-SA 4.0, via Wikimedia Commons.

WASHINGTON, Nov. 13 (TodayViralUSA) — The Supreme Court agreed Friday to decide whether President Donald Trump can shut off access to asylum at the U.S.-Mexico border by declaring an “invasion,” taking up one of the central pillars of his immigration crackdown.

The justices granted the administration’s appeal of lower-court rulings that found the policy unlawful. The court is expected to hear arguments in the coming months and rule by the end of June, Reuters reported.

The Day One proclamation

Trump signed the proclamation on Jan. 20, 2025, hours after returning to the White House. Citing an invasion at the southern border, it barred migrants who cross outside ports of entry or without required documents from seeking asylum or withholding of removal, and directed officials to use expedited procedures to deport them.

Immigrant advocacy groups sued. U.S. District Judge Randolph Moss ruled against the administration in July 2025, finding that neither the Constitution nor federal immigration law allows the president to adopt an alternative immigration system. In April, a panel of the U.S. Court of Appeals for the District of Columbia Circuit largely agreed. Judge J. Michelle Childs wrote that Congress, in giving the president power to suspend entry, did not intend to grant “the expansive removal authority” the administration asserts, according to SCOTUSblog.

The appeals court kept its ruling on hold while the government appealed, so the asylum restrictions remain in effect.

What the justices will decide

The court agreed to consider two questions: whether the proclamation and its enforcement guidance violate federal immigration law, and whether judges can grant relief covering an entire class of affected migrants rather than only the plaintiffs.

The administration argues the president has broad authority over asylum, which it calls “a purely discretionary benefit,” and has pointed to sharp drops in illegal crossings. The challengers counter that border apprehensions had already returned to routine levels before the proclamation took effect and that only Congress can provide new tools, SCOTUSblog reported.

The court, which has a 6-3 conservative majority, has largely deferred to Trump on immigration this term. In June it backed the government’s authority to turn away asylum seekers when officials deem border crossings too overburdened, Reuters noted.

Sources & Credits

Image: U.S. Supreme Court building by 颐园居, CC BY-SA 4.0, via Wikimedia Commons.

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