Migrants cross the Tijuana River and move toward the U.S. border wall in Tijuana, Mexico, on May 11, 2023. John Fredricks/The Epoch Times
The Supreme Court seemed poised on March 24 to accept the Trump administration’s argument that migrants turned away at the border haven’t actually “arrived in” the United States, and therefore cannot apply for asylum.
A group of 13 asylum seekers filed suit in 2017 to challenge a policy called “metering,” in which border agents, primarily at U.S. ports of entry, turn away asylum seekers to avoid overcrowding of border facilities. A federal law says that “Any alien who is physically present in the United States or who arrives in the United States … may apply for asylum,” regardless of legal status.