The Supreme Court on Thursday said the Trump administration can turn away migrants seeking asylum along the US-Mexico border by physically preventing them from crossing into the United States as they seek protection from persecution.
The statute at issue says any noncitizen who is “physically present in the United States” or “arrives in the United States” can apply for asylum. Migrants who announce their intention to seek protection are then referred for an interview to evaluate their claims.
At question in the case was what it meant to “arrive” in the United States. In its 6-to-3 ruling, the court said noncitizens must fully cross the border to gain the right to apply for asylum. The court’s conservative majority said migrants standing in Mexico do not “arrive” by “attempting, and failing, to set foot in this country.”