The Justice Department is asking the Supreme Court to sign off on President Trump’s Day 1 proclamation shutting down asylum claims at the U.S.-Mexico border, accusing lower courts of “judicial interference” in declaring it illegal. Immigration practitioners and asylum clients now face uncertain timelines as the Supreme Court prepares to weigh in on one of the most significant asylum restrictions since Trump took office.
What changed
Solicitor General D. John Sauer described it as one of the president’s most important initiatives as he urged the justices to take up the administration’s appeal in a petition docketed on Monday. The Solicitor General wrote that “the D.C. Circuit should not have the last judicial word on this cornerstone of the President’s immigration policy.”
Trump signed the proclamation on his first day back in office. It suspends entry for noncitizens who either cross the border outside a port of entry or those who enter at one but without proper documentation. They can’t try to invoke asylum or other legal protections as long as Trump declares there is an invasion at the southern border.
The justices will consider the request at a closed-door meeting once their new term begins in October.
Why it matters
This petition puts the Supreme Court directly in the path of asylum adjudication. If the Court grants the administration’s petition and reverses the lower courts, asylum eligibility could be categorically denied to an entire class of people—those crossing outside ports of entry or without proper documentation.
For practitioners, this creates strategic uncertainty. DOJ has convinced the justices to side with the president on efforts like curtailing Temporary Protected Status and ramping up third-country removals. And in another case, the justices said officials could prevent people from applying for asylum if they’re turned back before actually reaching the border line. However, in June, the high court rejected Trump’s Day 1 executive order that tried to restrict birthright citizenship.
Until the Court decides whether to hear the case and what it ultimately rules, asylum applicants and their representatives must continue advising based on the lower court’s rejection of the proclamation—but with the knowledge that the Supreme Court’s October term could upend that guidance.
Way forward
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Monitor the Supreme Court docket: Once the October term begins, watch for case conferences and any grant/denial of the government’s petition. The Supreme Court’s website (supremecourt.gov) posts docket updates regularly.
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Review current asylum filings: If you have pending affirmative or defensive asylum cases involving applicants who crossed outside a port of entry or without proper documentation, consider the timeline risk and discuss with your client whether filing urgency changes in light of pending Supreme Court review.
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Document the lower court precedent: Until and unless the Supreme Court reverses, the D.C. Circuit’s ruling that the proclamation violates the Immigration and Nationality Act remains the binding law in that circuit. Preserve this precedent in your case file and argue it now, since appellate outcomes may shift.
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Stay alert for interim guidance: Immigration agencies may issue guidance once the Court acts. Subscribe to USCIS policy alerts and monitor the Federal Register for any related notices.
Disclaimer
This article is for informational purposes only and is not legal advice. Fola Form is a software platform, not a law firm. Immigration policy changes frequently and can shift without notice—especially during Supreme Court litigation. Always verify current law and agency guidance against primary sources, including the Supreme Court docket, current USCIS policy, and the relevant court decisions in your jurisdiction. Consult a licensed immigration attorney to discuss how changes in asylum law may affect your individual case or circumstances.