Supreme Court agrees to hear Trump asylum ban at southern border, ruling due by end of June

The Supreme Court on Friday 13 November agreed to hear a challenge to the Trump asylum ban at the southern border, the Associated Press reported. The administration is asking the justices to overturn lower court decisions that found it was illegal to block asylum applications under an executive order that called the border situation an “invasion”. A ruling is expected by the end of June.

What the Supreme Court asylum case will decide

The justices agreed to hear arguments over the legality of the order, and over whether the lower-court judge could grant relief to all asylum seekers rather than only the ones who brought the suit, Roll Call reported. Meanwhile, the order is still in place while the lawsuit plays out.

Federal law allows people to seek asylum if they fear persecution at home, no matter how they arrived in the United States, AP said. Yet the same law lets the executive branch decide who is granted it. Government lawyers argue they can categorically deny asylum to migrants covered by the order.

“The proclamation thus lawfully suspends access to asylum, which is a purely discretionary benefit,” the administration’s petition says, as quoted by Roll Call.

Key dates

• 20 January 2025: Trump issues the proclamation, per NBC News.
• April 2026: the D.C. Circuit upholds the ruling against the order, per NBC News.
• 13 November 2026: the Supreme Court agrees to hear the case, per AP.
• End of June 2027: a decision is expected, per AP.

How the D.C. Circuit ruled on the executive order

According to Roll Call, the appeals court held that although federal law gives a president discretion in denying asylum claims, he cannot do so categorically. The American Civil Liberties Union and immigrant rights groups brought the case and defended the ruling in their own filing.

Immigration attorneys argue the law does not allow the president to unilaterally stop people from even applying, AP reported.

Background: the border order and other immigration cases

The ban stems from a proclamation issued on 20 January 2025. Under one provision, anyone who crosses the border without required paperwork can be removed immediately without the ability to claim asylum, NBC News reported. It is the third significant case on Trump’s immigration policies that the court is considering, NBC said. Deportations to third countries and indefinite detention during deportation proceedings are also on the justices’ list, according to AP.

What happens next for the Trump asylum ban

Arguments on the Trump asylum ban are expected in the coming months, with a decision by the end of June, AP reported.