U.S. Supreme Court Upholds Asylum Turn‑Back Policy at Mexico Border

On June 25, the U.S. Supreme Court ruled 6‑3 that the government may re‑implement a “metering” or turn‑back policy for asylum‑seekers who present at the U.S.–Mexico border before physically entering U.S. soil. The majority, led by Justice Samuel Alito, held that the statutory term “arrives in the United States” does not apply while migrants remain in Mexico, allowing officials to refuse asylum applications at the border. The decision revives a practice first used under the Obama administration and expanded under the Trump administration, which had been rescinded by the Biden administration in 2021.

Justice Sonia Sotomayor dissented, warning that the interpretation could enable the government to block refugees, citing the 1939 St. Louis tragedy. Legal analysts note that the ruling could affect hundreds of thousands of migrants, including more than 300,000 Haitian temporary‑protected‑status holders who may be forced to return to a country plagued by gang violence and a collapsed government. The decision has sparked criticism for granting broad executive authority over immigration enforcement and raising moral and constitutional concerns about the United States’ historic role as a nation of immigrants.