The Supreme Court Takes Up Trump’s Asylum Shutdown. Two Questions Will Decide More Than the Border Policy.
Politics · Court & Constitution The Supreme Court Takes Up Trump’s Asylum Shutdown. Two Questions Will Decide More Than the Border Policy. The Supreme Court will review Trump’s border asylum policy and classwide relief in Mullin v. RAICES. What does its November 13 order decide? The U.S. Supreme Court. Archival image published December 2014; not a photograph of the current proceedings. USGS Office of Communications, public domain. Source and rights . The distinction matters because this case is about two different kinds of power. The first is executive power: when a president suspends entry at the border, can the administration also prevent covered people from using statutory procedures for asylum and protection from removal? The second is judicial power: even if officials have acted unlawfully, how broadly can a lower federal court order them to change course? Those questions can produce different answers. A court might reject part of an immigration policy but limit the remedy av...