From The Rio Times · Contributing Reporter · · 2m
US Supreme Court Takes Up Asylum Curbs
US Supreme Court agrees to hear challenge to Trump's border asylum ban.
In brief
US Supreme Court agrees to hear challenge to Trump's border asylum ban. US Supreme Court will decide if a presidential proclamation blocking asylum claims for people crossing Mexico illegally is lawful while the case proceeds. Originally reported by The Rio Times.
Supreme Court Agrees to Hear Case
On Friday, 13 November 2026, the US Supreme Court agreed to hear case No. 26-239.
Case Focuses on Asylum Ban
The case tests whether a presidential proclamation blocking asylum claims for people crossing Mexico illegally is lawful.
Asylum Restrictions Stay in Force
The asylum restrictions remain in effect while the Supreme Court reviews the case.
Case Background
Three immigrant legal service providers and 13 individuals sued over the proclamation in federal court in Washington.
Court Ruling Timeline
On 2 July 2025, the district court ruled for the plaintiffs, holding the asylum bar unlawful and certifying a class of people subject to the proclamation.
Appeals Court Decision
On 24 April 2026, a different panel upheld the district court in a divided opinion, with Judge Walker dissenting in part.
Government's Position
The government argues asylum is a purely discretionary benefit and that the class-wide order violates federal law.
Border Statistics
Border Patrol recorded fewer than 99,000 southwest border apprehensions in fiscal 2026, a 95% decline from the previous administration.
Case Name and Details
The case is Mullin v. Refugee and Immigrant Center for Education and Legal Services, No. 26-239, named for Markwayne Mullin, the Homeland Security Secretary.
What the Ban Means
Anyone who crosses from Mexico illegally still cannot apply for asylum today under the proclamation.
Next Steps
The government’s main brief is due 45 days after the Court’s grant, falling on Monday, 28 December 2026 unless extended.
No Argument Date Set
The Court has not published an argument date for this case, as arguments are heard after the parties file their briefs.
The takeaway
US Supreme Court will decide if a presidential proclamation blocking asylum claims for people crossing Mexico illegally is lawful while the case proceeds.
