On Inauguration Day 2025, President Trump issued a proclamation barring asylum seekers from entering the United States at the southern border, declaring the situation an "invasion" and invoking the president's emergency authority under immigration law. After federal courts initially blocked the order, the Supreme Court ruled 6–3 on June 25, 2026 that the Trump administration may turn back asylum seekers at ports of entry and that doing so does not violate federal immigration law. This decision revived what immigration agents call "metering"—physically blocking asylum seekers from crossing at official ports, forcing them to choose between turning back or attempting unauthorized entry. The practical effect is that asylum seekers can no longer present themselves at legal border crossings and request protection as the immigration law previously guaranteed.
Table of Contents
- What Happened on Inauguration Day 2025
- How Courts Initially Blocked It, Then SCOTUS Allowed It
- What "Metering" Means for Asylum Seekers
- Who Is Affected and What Happens Next
- The Closed Refugee Program and Its Limits
- Frequently Asked Questions
What Happened on Inauguration Day 2025
trump's proclamation invoked Section 212(f) of the Immigration and Nationality Act, a statute giving the president broad power to suspend entry during emergencies. The order immediately cancelled approximately 30,000 CBP One app appointments scheduled at southern border ports in the weeks following the order.
The CBP One app had been the primary mechanism for asylum seekers to schedule lawful appointments at ports of entry rather than attempting unauthorized crossings. The proclamation closed the normal legal pathway for asylum seekers. Instead of walking up to a port and requesting asylum—a right codified in U.S. immigration law—individuals attempting to reach safety faced immediate physical blockade.
How Courts Initially Blocked It, Then SCOTUS Allowed It
The order faced immediate legal challenge. A federal district judge ruled on July 2, 2025 that Trump's proclamation exceeded his authority and violated immigration law granting individuals the right to apply for asylum at the border. The court found the proclamation contradicted the explicit text of immigration statutes.
The injunction held through the appeals level. A federal appeals court ruled in April 2026 that Trump's asylum ban proclamation is unlawful, finding it casts aside federal law affording individuals the right to apply for and be considered for asylum. two courts agreed that whatever emergency power the president possessed, it did not allow him to eliminate asylum rights entirely.
The Supreme Court disagreed. In June 2026, a 6–3 majority concluded that turning back asylum seekers at ports does not violate federal law, overturning both lower-court decisions. The ruling now permits metering as standard practice at the southern border.
What "Metering" Means for Asylum Seekers
Metering is a physical limit on who can cross at a given time. Immigration agents control the number of asylum seekers allowed to present themselves at ports of entry, often restricting that number to near-zero. Asylum seekers who cannot be processed are turned away, even at official border crossings where they would normally have the legal right to request protection.
The practical result: asylum seekers waiting to apply face a choice between waiting indefinitely (potentially weeks or months), returning to danger in their home country, or attempting unauthorized entry through desert, wilderness, or water crossings. Immigration advocates warn that asylum seekers unable to apply at ports may attempt more dangerous unauthorized crossings, including perilous Rio Grande swims or desert walks, increasing border deaths.
Who Is Affected and What Happens Next
Anyone attempting to apply for asylum at a southern border port faces potential turnaround under metering. This includes individuals fleeing violence, persecution, or disaster. The proclamation applies to all nationalities and backgrounds—there is no exception for specific countries or circumstances. Those turned back at a port have no legal recourse through the asylum system. They cannot file an asylum claim if they are not allowed to present themselves to immigration officials. Their only remaining options are to attempt entry without documentation, wait outside U.S. territory for circumstances to change, or pursue asylum through a U.S. embassy in a third country—a process that exists in theory but rarely succeeds in practice.
The Closed Refugee Program and Its Limits
Asylum and the refugee program are separate tracks. While asylum applies to people already at or near the U.S. border, the refugee program processes people from outside the country for admission. The Trump administration simultaneously froze refugee admissions in January 2025, restarting the program later with a historically low 7,500-person annual cap, 99.9% white South Africans through April 2026.
For most asylum seekers stranded at the border, the refugee program offers no alternative. That program requires a referral and processing through an embassy, a pathway unavailable to someone turned away at the border without legal status. The combination of the asylum ban and the refugee cap closure leaves few lawful routes into the United States for people in crisis.
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Frequently Asked Questions
Can asylum seekers still apply at U.S. embassies?
Yes, but only if they can reach an embassy in a third country and obtain a referral, a process that rarely succeeds for people fleeing immediate danger. This is separate from the asylum application at the border.
What if I'm already in the U.S.?
If you have physically entered the country, you may still apply for asylum at USCIS or immigration court, separate from the border ban. The proclamation applies specifically to entry at southern border ports.
Is the Supreme Court decision final?
Yes. The June 2026 Supreme Court ruling resolved the legal question and requires lower courts to allow the policy. It can only be changed by Congress amending immigration law, a new Supreme Court ruling, or a presidential order from a future administration.
How long will asylum seekers wait under metering?
Wait times vary and are set by immigration agents. Metering has historically created backlogs of months; under this proclamation agents have broad discretion to admit very few or none on any given day. —