Supreme Court hands Trump two major wins on asylum and immigration

The Supreme Court handed President Donald Trump two major immigration victories on Thursday morning, both having to do with his administration’s efforts to reduce asylum claims.

In the first case, Mullin v. Al Otro Lado, the court held that migrants who are turned away at the border before entering the United States are not entitled to apply for asylum. In the second case, Mullin v. Doe, the court ruled that Haitian and Syrian nationals in the United States with Temporary Protected Status (TPS) could not receive judicial relief postponing the revocation of their status while they challenge the Trump administration’s efforts to revoke it in court.

Writing the opinion in Mullin v. Al Otro Lado, Justice Samuel Alito argued that a migrant who reaches the southern border but is turned away before entering has not, for legal purposes, “arrive[d] in” the United States. The holding is significant because current law provides that anyone who “arrives in the United States” has the right to apply for asylum.

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“This case presents a straightforward question: whether an alien who seeks to enter the United States from Mexico ‘arrives in the United States’ when he or she is still in Mexico,” Alito wrote. “In the decision below, the United States Court of Appeals for the Ninth Circuit answered ‘yes.’ That is wrong. In ordinary speech, no one would say that a person ‘arrives in’ a place — for example, a house, a city, or a country — before the person enters that place.”

Also writing the opinion in Mullin v. Doe, Alito held that the law establishing TPS explicitly blocks recipients from legal relief unless their claims have a constitutional basis. 

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“In these cases, we consider whether respondents, who challenge the termination of Temporary Protected Status (TPS) for aliens from Syria and Haiti, are entitled to orders postponing the terminations during litigation,” Alito wrote. “We hold that they are not.”

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“The TPS statute plainly bars consideration of respondents’ non-constitutional claims. It allows ‘no judicial review of any determination . . . with respect to the . . . termination’ of a TPS designation,” the justice continued.

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Both TPS and court rulings recognizing asylum-processing rights for migrants stopped just outside U.S. ports of entry had become flashpoints for conservatives, with immigration hawks arguing they facilitated abuse.

By making asylum applications more difficult and green-lighting the termination of Temporary Protected Status for some people already in the country, the Supreme Court’s decisions give the Trump administration an advantage in its effort to reduce asylum claims.

This is a developing story. Check back for updates.