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In two major rulings, U.S. courts have granted the Trump administration significant wins in its immigration enforcement agenda. The Supreme Court on June 25 voted 6-3 to allow the administration to turn back asylum seekers at the U.S.-Mexico border, reinterpreting the phrase "arrive in" to require physical entry into the country. Source: The Guardian Two days earlier, a federal appeals court upheld the expansion of expedited removal nationwide, enabling the fast-track deportation of undocumented immigrants who cannot prove two years of residence. Source: NPR
The high court held that migrants who have not crossed the border have not "arrived" and thus are not entitled to asylum protections under U.S. law. Justice Alito wrote the majority opinion, while Justice Sotomayor dissented, warning the decision "slam[s] the door shut on all who are fleeing persecution." Source: The Guardian The case originated in 2017 and had been litigated across three administrations.
A divided panel of the D.C. Circuit Court of Appeals allowed the Department of Homeland Security to apply expedited removal—deportation without a hearing—to undocumented immigrants anywhere in the U.S. who cannot show they have lived in the country for at least two years. Source: CNN The court overturned a lower court's block, with Trump appointees Justin Walker and Neomi Rao in the majority. Judge Robert Wilkins dissented, arguing the policy denies migrants a meaningful opportunity to be heard. Source: AP
ACLU attorney Anand Balakrishnan called the ruling "an unfair and error-prone system" that undermines due process. Source: NPR DHS General Counsel James Percival hailed the decision, saying it "vindicated our decision to apply the law as written." The rulings are expected to accelerate mass deportations and reshape asylum procedures at the border.
“The supreme court has given the Trump administration a green light to turn back asylum seekers at the US-Mexico border, in a decision that fundamentally reshapes the US asylum system.”
“A federal appeals court on Tuesday allowed the Trump administration to resume carrying out speedy deportations of undocumented migrants throughout the United States, not just near the border.”
“The plaintiffs had put forward 'substantial evidence' that the expedited removal process, on the contrary, carried a high risk of error when applied more broadly.”
“The Trump administration's push for fast-track deportations will subject people to an unfair and error-prone system. This ruling undermines the fundamental principle that people receive due process.”