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The Supreme Court, in a 6-3 decision on Thursday, ruled that the U.S. government can turn away asylum seekers at the border before they physically enter the country, potentially reviving a policy used under previous administrations. Separately, the Trump administration asked the court to uphold its mass detention policy for non-citizens already living in the U.S.
The decision, authored by Justice Samuel Alito, held that because asylum seekers are not yet "in" the U.S. when turned away at a port of entry, they do not qualify for legal protections Source: NPR. Justice Sonia Sotomayor, in dissent, called the ruling "one of the most shameful parts of U.S. history" Source: Ground News. The ruling overturns a lower court order that had blocked the practice.
The administration separately petitioned the Supreme Court to review a Sixth Circuit ruling that rejected its reinterpretation of immigration law allowing mandatory detention of long-term residents arrested in immigration crackdowns. Solicitor General D. John Sauer argued that detaining such individuals prevents evasion of removal proceedings Source: The Guardian. Two appeals courts have endorsed the administration's view, while three have rejected it.
“Detaining aliens who are living in the country after an illegal entry while their removal proceedings unfold prevents those aliens from evading hearings and helps ensure their removal from the United States”
“By a 6 to 3 vote, the high court ruled that federal law allows the government to stop asylum-seekers from physically setting foot in the United States”
“Justice Sonia Sotomayor compared Thursday’s Supreme Court ruling that asylum seekers have not entered the U.S. at the border to one of the most shameful parts of U.S. history.”
“The Supreme Court cleared the way Thursday for the Trump administration to potentially revive an immigration policy once used to turn back migrants seeking asylum at the U.S.-Mexico border.”