The Supreme Court on Thursday limited asylum access at the US-Mexico border, and allowed the Trump administration to end Temporary Protected Status for Syrians and Haitians.
In a 6-3 decision, the Court reversed and remanded a lower court’s ruling that allowed aliens seeking asylum to be treated as having “arrived in the US” while physically standing in Mexico.
Justice Samuel Alito laid out his reasoning in the first few sentences of his majority opinion.
“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. In the decision below, the United States Court of Appeals for the Ninth Circuit answered ‘yes.’ That is wrong.”
The AP wrote the ruling “clears the way” for Trump to enforce a law “once used to turn back migrants seeking asylum at the U.S.-Mexico border.”
The policy, used in the first term of the Trump administration to restrict asylum access, was later challenged and modified under Biden as migrants surged the US border.
During announcement of the Court’s opinions, Justice Alito reportedly “leaned back in his chair and rocked back and forth, staring at the ceiling and at times appearing to close his eyes” as Justice Sonia Sotomayor took more time than he did reading her dissenting opinion in full from the bench.
In another 6-3 decision Thursday, the Court also held that TPS revocations for aliens from Syria and Haiti are subject to limited judicial review, finding the Department of Homeland Security had offered “a strong, race-neutral explanation” considering the Trump admin’s consistent opposition to the TPS program.
The Daily Signal explains, “The foreigners, who were admitted into the country under President Joe Biden’s controversial TPS expansion, sought a court order to block their deportation after President Trump revoked TPS for Haitians and Syrians. The foreigners claimed that Trump acted on racial animus, thereby violating their rights.”
In other SCOTUS rulings Thursday, Justices struck down a Hawaii law requiring concealed carry holders to obtain permission from property owners to carry on private property open to the public, and rejected a Missouri man’s case claiming he developed non-Hodgkin’s lymphoma after Monsanto failed to include a cancer warning label on its Roundup pesticide, finding federal law (FIFRA) preempted his state-law failure-to-warn claim.
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