Supreme Court Refuses to Revive the Trump Administration’s Asylum Ban

Earlier this year, the Trump Administration moved to block migrants from claiming asylum at all places in between official points of entry. The policy was quickly challenged in federal court. In November, California judge Jon S. Tigar blocked the partial asylum ban — ruling that the Trump Administration exceeded its authority under United States law. The administration appealed the decision.

As reported by CBS News, the Supreme Court has rejected the Trump Administration’s attempt to get its asylum ban reinstated while its appeal is still pending. In a 5 to 4 decision, Chief Justice John Roberts sided with the courts four liberal-leaning members, leaving the asylum ban in place. Here, our asylum lawyer highlights the three most important things that you need to know about this decision.


  • This is a Win for Asylum Seekers


First and foremost, it is important to acknowledge that this decision is a significant win for asylum seekers. The Trump Administration’s proposed policy would have made things far more challenging for some already desperate people. By blocking a bad and illegal policy, and reinstating the previous asylum rules, the court has provided some tangible relief for migrants who are seeking asylum in the United States. It is also notable that one of the court’s conservative members — Chief Justice John Roberts — sided against the administration.


  • This Asylum Case is Not Over


While this decision is certainly welcome news, this case is far from over. The specific issue before the Supreme Court was whether or not the temporary injunction issued by Judge Tigar should be placed on hold while the Trump Administration appeals the case to the Ninth Circuit. In other words, the Trump Administration has not yet lost this case on the merits. The administration has affirmed that it plans to continue the appeal — and the case may yet make its way back to the Supreme Court. Should that happen, Chief Justice Roberts is likely to be the deciding vote.


  • The Trump Administration May Take Further Action


Even if the Trump Administration eventually loses this case, it is still possible that the president could take further action to restrict the rights of asylum seekers. As we saw in the ‘travel ban’ case — more accurately, President Trump’s attempt to ban people from certain Muslim majority countries from entering the United States — the president lost multiple times in court. Yet, the administration’s lawyers eventually rewrote the policy in a manner that satisfied the Supreme Court’s conservative majority.

Get Help From a Asylum Lawyer Today

At the Goldstein Immigration Lawyers, our asylum lawyer is standing by, ready to help you and your family. If you or your loved one is considering applying for asylum in the United States, you need skilled legal representation. To schedule a fully confidential, no obligation review of your asylum claim, please contact us today.