The U.S. Supreme Court agreed on Friday to decide whether President Donald Trump had the legal authority to suspend asylum access for migrants who cross the southern border illegally, taking up the most consequential immigration case of the court's term.
The policy stems from Proclamation 10888, issued on January 20, 2025, hours into Trump's second term, which declared an "invasion" at the southern border and suspended entry and asylum processing for migrants caught entering the country illegally. A federal judge in Washington set the restrictions aside, and in April 2026 a divided three-judge panel of the D.C. Circuit upheld that decision, finding the president exceeded his authority.
The case is Mullin v. Refugee and Immigrant Center for Education and Legal Services, No. 26-239. The justices agreed to review two questions: whether the proclamation and its implementing guidance are lawful, and whether federal judges can grant relief covering an entire class of migrants. The court declined to take up a third question about whether the certified class complies with class-action rules.
The asylum restrictions remain in effect while the case moves forward. The court is expected to hear arguments in the coming months, with a decision expected by the end of June 2027. The court, which has a 6-3 conservative majority, has been largely deferential to Trump in his second term in challenges to his immigration policies.
The case joins other immigration disputes on the court's docket, including a challenge to the administration's policy of deporting migrants to third countries, which the justices are scheduled to hear on December 9.
