On March 24, 2026, the Supreme Court heard oral arguments for an immigration case whose outcome could radically change the application of asylum in America. The case centers around one seemingly basic question: When does an immigrant “arrive in” the United States, while seeking asylum at the southern border or only after stepping foot on U.S. soil? Depending on the court’s decision, the government could potentially block asylum seekers at the southern border from entering the US.
Background
The government began turning away asylum seekers at the southern border in 2016. This move stopped asylum seekers from setting foot on US soil. Federal policy dictates asylum seekers have the right to claim asylum and are protected from prosecution once they’re in the U.S.
Policy Details
According to federal law, any noncitizen physically present in the US can apply for asylum. The question is whether individuals must fully cross the border for asylum seeker protection. From 2016 to 2021, the government operated under the understanding that only physical presence justifies asylum claims. The government changed its policy in 2021, allowing individuals to get asylum privileges by declaring their intent at the border.
Impact
The current Supreme Court has generally appeared receptive to the government’s policy positions. In June 2025, the Court held that lower courts may not broadly bar enforcement of federal policies, which resulted in the lifting of several lower court orders that had blocked recently adopted federal measures. It remains uncertain whether the Court will ultimately support the government’s effort to return to the 2016 policy.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.