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Supreme Court Clears Way to Block Asylum, End TPS and Speed Removals

A 6–3 conservative majority removed key judicial checks, enabling the administration to reject some border asylum seekers before entry and to resume terminating Temporary Protected Status.

Overview

  • The Court issued multiple 6–3 decisions on June 25 that let border authorities refuse asylum seekers who remain in Mexico and limited courts’ power to review immigration decisions.
  • Justices ruled that a person waiting in Mexico does not legally “arrive” in the United States, a legal finding that permits reimplementation of metering policies that keep asylum seekers from being inspected at ports of entry.
  • The Court held that Secretaries’ choices to designate or end Temporary Protected Status are generally not subject to judicial review, clearing the path to resume ending TPS protections for about 1.3 million people from 17 countries, including roughly 350,000 Haitians and 6,000 Syrians.
  • In a separate ruling the Court said suspicion can justify placing a lawful permanent resident under parole on reentry, which lets DHS treat some returning green-card holders as applicants for expedited removal; the decision rested on the Muk Choi Lau case.
  • Government officials have signaled plans that could include revoking previously approved green cards and accelerating TPS terminations, and advocates, lawyers and some members of Congress say they will press legal challenges and try to pass legislation to restore protections.