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Sunday, November 15, 2026Local news for Bexar County, Texas.
Bexar County Herald · 18911 Hardy Oak Blvd, San Antonio, TX 78258

Supreme Court to Rule on 1 Presidential Asylum Ban

The high court will determine if the executive order that suspended border asylum applications was legal.

By David Marshall ·

Illustration for: Supreme Court to Rule on 1 Presidential Asylum Ban
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The Supreme Court agreed on Friday to review President Donald Trump’s executive order that suspended the right to apply for asylum at the southern border. The decision marks the latest intervention by the high court in the administration’s ongoing immigration enforcement efforts. The justices will evaluate whether the ban, which has remained in effect throughout the litigation, violates federal statutes governing the asylum process.

Under current federal law, individuals who fear persecution in their home countries retain the right to seek asylum regardless of their mode of entry into the United States. The executive branch holds the authority to grant or deny these applications. The Trump administration argues that it can categorically deny asylum to migrants covered by the order, asserting that it should not be required to accept applications that are destined for rejection. Federal attorneys noted that processing times in previous years contributed to a major influx of migrants, as many were released into the country while awaiting a decision.

Immigration attorneys from the American Civil Liberties Union and the National Immigrant Justice Center contest this view. They state that border crossings were already declining before Trump took office. Their clients argue that the executive order is an unlawful attempt to unilaterally "eviscerate" legal protections designed for people fleeing danger. They maintain that while the executive branch decides whether to grant asylum, those decisions must be made on an individual basis. The law does not allow the president to stop people from applying, according to the defense.

The asylum ban was part of a series of immigration restrictions implemented when Trump returned to office in 2025. It stands as a central component of the administration’s strategy to control entry at the border. The case is one of three major immigration matters the high court will address this term. The other two cases concern whether people can be swiftly deported to countries other than their homelands and if immigrants can be detained indefinitely during deportation proceedings.

The court is expected to hear arguments in the coming months. A final decision is anticipated by the end of June. Earlier this year, the justices ruled in favor of the administration in a separate asylum case. That ruling cleared the way for the Trump administration to potentially revive a "metering" policy, a practice previously used to turn back immigrants.

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