The Supreme Court heard oral arguments in one of the most significant immigration cases in recent years. The outcome could radically change who can seek asylum in the United States. The case centers around one question: When is a person “in” the United States, while seeking asylum at the border while standing in line at a port of entry, or only after stepping foot on U.S. soil?

Background

In 2016, the government began turning away asylum seekers at the southern border. This move stopped asylum seekers from setting foot on US soil and gaining asylum protection. The government’s required by federal law to give detention and removal protections to asylum seekers once they’re on U.S. soil.

Policy Details

Any noncitizen physically present in the US can apply for asylum. The question is whether individuals must fully cross the border to apply. The government previously operated under the understanding that only physical presence justifies asylum claims. The government changed its policy in 2021, letting individuals get asylum privileges by declaring their intent at the border.

Impact

SCOTUS is generally receptive to the government’s positions on immigration policies. 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’s uncertain whether the Court will ultimately support a return to the 2016 policy.

As always, Immigration USA 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, we’re with you every step of the way.