The Trump administration asked the Supreme Court to reinstate a blocked border policy, arguing that judges were wrong to limit the president’s power to stop illegal crossings and cut off asylum claims.
In a petition filed with the nation’s highest court on Aug. 24, the Department of Homeland Security asks the justices to review a ruling by the U.S. Court of Appeals for the District of Columbia Circuit that invalidated part of President Donald Trump’s Proclamation 10888.
That document, “Guaranteeing the States Protection Against Invasion,” suspended entry for individuals crossing the southern border illegally and largely barred them from seeking asylum.
The Trump administration took the position that it was legally entitled to suspend entry under the Immigration and Nationality Act after lower courts ruled that part of the presidential proclamation violated that law.
U.S. Solicitor General D. John Sauer argues in the petition that the D.C. Circuit’s ruling “threatens to dismantle” the proclamation, which Homeland Security Secretary Markwayne Mullin has called “an ‘indispensable’ tool for controlling the border.”
Since the proclamation took effect, “border encounters have fallen by 93 percent, dropping to the lowest levels since the 1960s,” the petition states. The curbs on asylum claims in particular “have been critical to maintaining the effectiveness of the Proclamation,” it said.
The high court directed the lead respondent, a group called the Refugee and Immigrant Center for Education and Legal Services, to respond to the petition by Sept. 23.
This is a developing story that will be updated.
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