The U.S. Supreme Court (SCOTUS) will review a Circuit Court decision on an asylum processing case. If overturned, border agents will no longer have to process individuals seeking asylum if they haven’t set foot on U.S. soil. It’s uncertain when the court will review the case.

SCOTUS announced their plans to review a decision by the Ninth Circuit Court of Appeals that expanded asylum processing to individuals seeking asylum but were still on the opposite side of the southern border. The decision overturned a previous policy stating border officials only had to process individuals seeking asylum if they were already physically present in the U.S. In wake of the circuit court’s ruling the government petitioned the Supreme Court for review.

The government initially petitioned the Supreme Court to review the Circuit Court’s decision in July 2025. It argued the Circuit Court’s decision went against the Immigration and Nationality Act of 1952 and incorrectly implies asylum seekers are legally in the U.S. while still on the Mexican side of the border. Such a ruling makes it harder for border agents to address surges in border crossings, per government petition.

This strategy, called asylum metering, was first employed in 2016 and formalized during subsequent years. However, the government eventually abandoned the practice after a few years. The petition by the Supreme Court represents the first attempt to reinstate the policy since then.

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