Federal law gives people the right to seek asylum if they fear persecution in their home countries, no matter how they arrived in the U.S.
At the same time, it also allows the executive branch to decide whether people are granted asylum. The Trump administration argues it can categorically deny asylum to migrants covered by the order and should not have to accept applications destined to be rejected.
The border asylum scheme was used extensively by the former Biden administration, resulting in millions of migrants entering the country with little or no vetting.
The border asylum ban was one of a series of immigration restrictions Trump rolled out upon his return to office in 2025. It has remained in place during the litigation.
