BY Michael Benson | June 27, 2026 | 
BY 
 | June 27, 2026 | 

Supreme Court delivers two 6-3 rulings backing Trump on TPS termination and asylum at the border

The U.S. Supreme Court handed the Trump administration a pair of immigration victories Thursday, ruling along 6-3 lines that asylum seekers turned away at the southern border while still in Mexico have not legally "arrived" in the United States, and that federal courts lack authority to block the administration's decision to end temporary protected status for nationals of Haiti and Syria.

Both decisions split along familiar lines: six Republican-appointed justices in the majority, three Democrat-appointed justices in dissent. Justice Samuel Alito authored the majority opinion in Mullin v. Al Otro Lado, the asylum case. Justice Sonia Sotomayor wrote the dissent in both rulings.

The practical effect is significant. The first ruling reinforces the executive branch's power to control the pace of asylum processing at ports of entry. The second strips lower courts of the ability to second-guess the Department of Homeland Security when it decides a country's TPS designation has run its course. Together, they remove two of the legal obstacles that immigration advocates have used to slow enforcement for years.

A running back at the one-yard line

The asylum case, Mullin v. Al Otro Lado, turned on a deceptively simple question of statutory language. Under federal immigration law, rooted in the Immigration and Nationality Act of 1952 and updated by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, a person who "arrives in the United States" may apply for asylum. The immigration advocacy group Al Otro Lado argued that asylum seekers who presented themselves at ports of entry along the U.S.-Mexico border had "arrived" even if they were physically standing in Mexico when turned away under the government's metering policy.

The Ninth Circuit agreed with that reading. The Supreme Court did not.

Justice Alito's majority opinion, as The Christian Post reported, dispensed with the argument in characteristically blunt fashion:

"This case presents a straightforward question: whether an alien who seeks to enter the United States from Mexico 'arrives in the United States' when he or she is still in Mexico. In the decision below, the United States Court of Appeals for the Ninth Circuit answered 'yes.' That is wrong."

Alito drove the point home with a pair of analogies that left little room for ambiguity. "The running back does not arrive in the end zone (and six points do not go up on the scoreboard) when he is tackled at the 1-yard line by the defense," he wrote. "The guest does not arrive in the house when the homeowner locks the door right before the guest tries to open it."

The majority also rejected the claim that the meaning of "arrives in" changes when someone is actively prevented from entering. Alito found no basis in the statute for treating a blocked entry as equivalent to an actual arrival.

Sotomayor, writing for the three liberal dissenters, offered her own analogy, a movie theater with a ticket booth located just outside the building. "If a person walks up to a ticket booth located just outside the theater, it would be unreasonable to think they could not buy a ticket under the policy because they are not 'in' the theater yet," she wrote. She also warned that the ruling would only encourage illegal border crossings between ports of entry, since those who present themselves lawfully at a port of entry would now have fewer rights than those who cross illegally.

That argument did not carry the day. The Court reversed both the U.S. District Court for the Southern District of California and the Ninth Circuit.

The metering policy's origins

National Review noted that the government's metering policy, which limits the number of asylum seekers inspected per day at ports of entry, began under President Obama in 2016. That detail matters. The practice the Court upheld Thursday did not originate with the Trump administration. It is a longstanding operational tool that multiple administrations have used to manage surges at the border. The legal challenge aimed to dismantle it entirely.

The ruling reinforces executive authority over border enforcement and narrows the scope of asylum application rights for those who have not physically crossed onto U.S. soil. For the conservative majority, the text of the statute was dispositive. For the liberal minority, the consequences mattered more than the plain meaning of the words.

TPS: 'Temporary' means temporary

The second case, Mullin v. Doe, addressed a different but related question: whether federal courts can block the Trump administration from terminating TPS designations for Haiti and Syria. TPS was originally granted to nationals of both countries in response to crises that unfolded more than a decade ago. The administration decided to end those designations, and affected individuals sued to keep them in place.

The Court's majority concluded that federal law bars judicial review of DHS decisions to designate, extend, or terminate TPS for a country. That finding effectively removes the courthouse as a venue for challenging TPS terminations, a significant shift that limits the ability of advocacy groups to use litigation to extend what Congress designed as a temporary program.

The majority also addressed the dissent's most incendiary argument: that the decision to end TPS for Haiti was motivated by racial animus. Sotomayor's dissent cited Trump's alleged 2018 description of Haiti as a "s***hole country" as evidence of discriminatory intent. The majority rejected that claim, pointing to the administration's broader pattern of declining to renew TPS designations for Afghanistan, Cameroon, Ethiopia, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Venezuela, and Yemen, twelve countries in all. The decision, the Court found, reflected a consistent immigration policy, not racial targeting.

The dissent also alleged that DHS failed to follow required procedures before terminating TPS, though the majority's finding that judicial review is barred by statute rendered that procedural argument moot.

As Fox News reported, DHS General Counsel James Percival framed the outcome in plain terms:

"The T in TPS stands for TEMPORARY, yet many of these designations became de facto amnesty. This is a win for the rule of law and common sense."

Percival also stated that the administration had been "vindicated" by the Court and that the decision "opens up an important tool to continue securing our southern border."

What the rulings mean going forward

The twin decisions remove two of the most effective legal tools that immigration advocates have wielded against enforcement. Lower courts, particularly in the Ninth Circuit, have served as a reliable brake on executive immigration action for years. Thursday's rulings narrow that role considerably.

On asylum, the government can continue metering at ports of entry without facing claims that turned-away migrants were denied rights they would have had if they'd already "arrived." On TPS, DHS can terminate country designations without fear that a federal judge will issue an injunction keeping the program alive indefinitely. The Supreme Court's back-to-back 6-3 rulings favoring the administration mark a clear signal about the current Court's view of executive immigration authority.

The 6-3 alignment in both cases, Roberts, Thomas, Alito, Gorsuch, Kavanaugh, and Barrett in the majority; Sotomayor, Kagan, and Jackson in dissent, has become a familiar pattern this term. The same conservative bloc on the Court has shaped outcomes across a range of contentious legal questions.

The dissent's racial-animus theory deserves particular scrutiny. Sotomayor pointed to a single alleged remark from 2018 and asked the Court to infer that the entire TPS termination for Haiti was tainted by discriminatory intent. The majority's response was methodical: the administration ended or declined to renew TPS for a dozen countries spanning multiple continents, races, and religions. If the motive were racial, the pattern would look very different.

That the dissent reached for a years-old, disputed remark rather than engaging the statutory text tells its own story about the strength of the legal arguments available to the other side.

The broader stakes

These rulings arrive at a moment when the legal architecture of immigration enforcement is being tested on multiple fronts. The willingness of courts to defend statutory text against policy-driven reinterpretation has become one of the defining features of the current legal landscape.

For years, TPS designations that Congress intended as short-term humanitarian relief calcified into something closer to permanent residency. Crises that prompted the original designations passed. Conditions changed. But the designations remained, extended again and again, while advocacy groups litigated every attempt to wind them down. Thursday's ruling restores the word "temporary" to its plain meaning.

On asylum, the Ninth Circuit's now-reversed logic would have created a perverse incentive structure: present yourself at a port of entry, get turned away, and then claim you "arrived" and are entitled to a full asylum hearing, all while standing on Mexican soil. The Supreme Court recognized that reading the statute that way would render the word "arrives" meaningless.

The Court has also been active on other fronts this term, including declining to hear certain cases that conservative advocates had hoped would advance free-speech protections, a reminder that the Court's docket reflects choices as well as outcomes.

Sotomayor's warning, that the asylum ruling will push migrants to cross illegally between ports of entry rather than present themselves lawfully, may prove correct as a prediction of behavior. But it is an argument about policy consequences, not statutory meaning. Congress wrote the law. The Court read it. If the incentive structure needs fixing, that is a job for the legislature, not the judiciary.

When "temporary" stops meaning temporary and "arrives" stops meaning arrives, the law becomes whatever a sympathetic judge says it is. Thursday, the Supreme Court reminded the lower courts, and the country, that words still have meaning.

Written by: Michael Benson

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