SCOTUS Delivers a Blow to Asylum Seekers

Asylum seekers who haven't physically crossed into the US don't get to claim asylum here, the Supreme Court ruled Thursday, reports the New York Times. In a closely watched 6–3 decision that split along ideological lines, the justices said the federal government can lawfully turn back migrants approaching official border crossings under a practice known as "metering," which began under President Obama, expanded under President Trump, and has since been halted—though the ruling is expected to help revive it, per the Hill.

Writing for the conservative majority, Justice Samuel Alito said that in "ordinary speech," a person doesn't "arrive in" a country until they actually enter it. That matters because federal law allows noncitizens who "arrive in" the US to apply for asylum. Migrants stopped on the Mexican side, the court agreed, haven't done that and thus can't seek protection. Justice Sonia Sotomayor, reading her dissent from the bench, accused the majority of an "illogical" focus on the word "in" rather than the statute's broader context. The case was brought by immigrant rights group Al Otro Lado and 13 asylum seekers, who challenged metering after it was used to limit access to ports of entry amid overcrowding, particularly in San Diego.