The Trump administration petitioned the Supreme Court on Monday to review a federal appeals court decision that prevents the government from removing immigrants who enter the U.S. illegally without first allowing them to seek asylum.
Solicitor General D. John Sauer argued the ruling threatens a key tool for border control, pointing to a 2025 proclamation by President Donald Trump that labeled the border situation an "invasion" and authorized rapid removals without asylum processes. A federal judge and the D.C. Circuit both blocked the policy, ruling it violates federal immigration law by bypassing standard deportation procedures and asylum rights.
Sauer warned the Supreme Court’s intervention is urgent, citing progress in border management and pointing to the 2018 *Trump v. Hawaii* precedent, where the Court upheld executive immigration authority. He also criticized the lower courts for allowing a class-action challenge that could benefit a broad group, including people overseas with no imminent plans to enter the U.S.
The government’s response from challengers is due September 23.
