The United States Supreme Court evaluates if the Asylum seekers must have physically crossed the border to present their petition, a debate that could redefine the legal scope of the concept of “arriving in the country” and reconfigure the immigration policy on the border with Mexico.
The discussion focuses on determining whether the contact with US authorities in Mexican territory is enough to activate the right to request protection.
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The case has its origin in a policy applied since 2016 at the end of the administration of Barack Obama and subsequently reinforced during the first term of Donald Trumpwhich allowed Border Patrol agents intercept migrants before they cross the border line.
The measure was revoked in 2021 by Joe Bidenbut the Trump administration seeks to restore it by overturning a decision issued in October 2024 by a federal appeals court.
This court concluded that a applicant may be considered present in the United States from the moment it is presented before an American border authorityeven if the meeting occurs in Mexican territory.
Preventing access to the application point blocks immigration rights: Organization
The organization To the other side and other plaintiffs maintain that physically prevent access to the request point is equivalent to blocking a right provided for in immigration legislation.
The government representative, Vivek Suriargued that administrations of both parties have considered this tool essential to manage migratory flows, warning that the Department of Homeland Security requires operational mechanisms to respond to increases in crossings.
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For its part, the Attorney Kelsi Corkran noted that since 2016, access to asylum has been restricted through pre-trial containment practices. border crossing.
During the hearing, Judge Brett Kavanaugh qualified as “artificial” the discussion about the exact distance in which a migrant must be considered within the territory.
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