US Governance — 2026-06-26

Supreme Court Allows Trump Administration to Restart Border Metering Policy Curtailing Asylum Claims

BLUFDHS will likely reinstate port-of-entry turnbacks within 30 days, removing the last judicial barrier to systematic reduction of asylum processing at the southern border.

The Supreme Court ruled 6-3 on Thursday in Mullin v. Al Otro Lado, reversing a Ninth Circuit decision that found border metering unlawful 12. Writing for the majority, Justice Samuel Alito held that asylum protections attach only when a migrant physically steps into U.S. territory, not while waiting outside a port of entry 2. Justice Sonia Sotomayor read portions of her dissent from the bench, arguing the ruling permits officials to turn away refugees even where doing so would expose them to persecution 2. In a separate dissent, Justice Ketanji Brown Jackson argued the court had issued an advisory opinion, given the administration has not formally announced whether it will reinstate the policy 2.

Analysis
DHS now holds unambiguous authority to reimpose turnback operations, and the Trump administration will likely issue a formal directive reinstating metering within 30 days of Thursday's decision. High analytic confidence reflects three converging indicators: the administration has activated enforcement tools within weeks of every prior favorable judicial decision, DHS had signaled operational readiness before the ruling, and the majority's physical-presence holding resolves the sole legal obstacle without any additional regulatory step. The ruling eliminates Ninth Circuit precedent as a litigation anchor for future challenges, raising the bar for any court to block reimposition. Jackson's advisory-opinion dissent carries no operational consequence; the administration sought precisely this ruling to establish clear reinstatement authority.

4 sources

Supreme Court allows policy to curtail asylum claims - Roll Call
Supreme Court opens door for Trump to restart border turnback policy - Courthouse News Service
The Supreme Court says the U.S. can turn away asylum seekers at the border - NPR
Mullin v. Al Otro Lado, No. 25-5 - Supreme Court of the United States