US Domestic — 2026-06-25

Supreme Court Rules 6-3 That Asylum Seekers at US-Mexico Border Can Be Turned Away Under Trump Policy

BLUFDHS will likely reimpose metering or turnback operations at southern border ports of entry within 90 days, armed with unambiguous statutory authority and signaling immediate operational intent.

The Supreme Court ruled 6-3 Thursday in Mullin v. Al Otro Lado that asylum seekers turned back at the border before crossing onto U.S. soil have not "arrived in the United States" under federal statute, reversing a 9th Circuit decision 123. Justice Samuel Alito, writing for the majority, held the text is unambiguous: "no one would say that a person 'arrives in' a place before the person enters that place" 1. Justices Sotomayor, Kagan, and Jackson dissented; Sotomayor read her opinion from the bench, writing that the ruling will push migrants to cross illegally and that "more people will die" 123. The metering policy is not currently in effect, but DHS General Counsel James Percival stated the ruling "opens up an important tool to continue securing our southern border" 2.

Analysis
The ruling strips the statutory barrier to metering at ports of entry, and DHS likely reinstates turnback operations within 90 days. High analytic confidence reflects three converging indicators: the opinion's textual clarity, DHS's same-day characterization of the ruling as opening a key tool, and the administration's established pattern of activating judicial wins within weeks. The April DC Circuit rejection of the EO-based asylum ban left the administration without a validated statutory alternative; this ruling fills that gap. The administration may instead hold metering dormant as reserve leverage while relying on Title 8 rapid-removal authorities already in operation. If DHS activates within 90 days, advocacy organizations must redirect litigation resources toward injunctive challenges before policy operationalization.
5 sources
  1. Justices side with Trump administration in border dispute over asylum seekers - SCOTUSblog
  2. Supreme Court rules for Trump on asylum claims at the border - NBC News
  3. Supreme Court clears way for Trump administration to revive restrictive immigration policy - PBS News
  4. Migrants not entitled to apply for asylum while standing on Mexico side of border, Supreme Court rules - Washington Post
  5. Mullin v. Al Otro Lado, No. 25-5 - Supreme Court of the United States

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