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How did the current administration cut off access to asylum, and what is the current status of asylum in the courts?
It started with the “turnback” policy, in which CBP officers would be stationed at the border line, and physically stop asylum seekers from stepping onto U.S. soil – while forcing them to remain in Mexico during the process of their asylum. In 2019, it was determined that “turnback” violated U.S. law (AIC).
Shortly after, the “Asylum Transit Ban,” a rule issued by the federal government that took effect upon publication, and without public commentary, was implemented. This ban would exclude from asylum eligibility non-citizens who have not previously applied for asylum or received a final denial in any country through which they transited before arriving in the United States.
Following the implementation of the Asylum Transit Ban, several legal proceedings took place, as many individuals were already being denied entry, and there was a strong push to obtain a temporary court order that would challenge the ban (AIC).
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The case with Asylum in the U.S. continued to move through the courts, and (a year later) in 2025, it was reheard, ultimately reaching the same conclusion. Later that year, in July 2025, the second Trump administration petitioned the Supreme Court of the United States to review the Ninth Circuit’s ruling. The Court granted the government’s petition for certiorari in November of the same year, agreeing to hear the case.
Most recently, oral arguments were held in March 2026 before the Supreme Court of the United States. During oral arguments, the justices focused heavily on how immigration law defines the moment when a person “arrives” in the United States. The key point of debate has been the distinction between someone who “arrives in” the country and someone who is merely “arriving at” the border. The Trump administration argues that an individual has only “arrived in” the United States once they have fully crossed the border onto U.S. territory. Under this interpretation, border officials could potentially continue turning asylum seekers away before they physically enter the country.
Currently, the issue remains unresolved, as a final decision is still pending. It is expected that the ruling will be issued toward the end of the Court’s term, likely in late June or early July.
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