House Democrats urged the U.S. Supreme Court to oppose a Trump administration request for asylum seekers.
Noem v. Al Otro Lado, the case currently before the court, would determine at what point an asylum seeker “arrives” in the United States.
The Trump administration asked the high court to take up the case to reverse a decision by the Ninth Circuit Court of Appeals that allowed someone on the Mexican side of the U.S.-Mexico border to apply for asylum.
The 1990 Immigration and Nationality Act allows an individual who “arrives in the United States” to apply for asylum status and be inspected by an immigration officer.
Reps. Bennie Johnson, D-Miss., Jamie Raskin, D-Md., and Sen. Alex Padilla, D-Calif., argued that congressional history has allowed asylum seekers to arrive at any entry point in the United States.
“Every applicant for admission to the United States must be allowed to seek asylum protection, even if that individual is otherwise inadmissible or subject to expedited removal proceedings at the border,” lawyers for the lawmakers wrote.
The Congressional leaders pointed to the Illegal Immigration Reform and Immigration Responsibility Act, passed in 1996, to justify its asserts. The leaders said the 1996 law replaced “entry” with “admission” to expand protections for asylum seekers arriving lawfully in the country.
“‘Arrives in the United States’ refers to those at the border, including those presenting themselves for inspection by immigration officials at ports of entry,” lawyers wrote.
In another brief to the high court, the Trump administration argued the term “arrives” cannot be understood to mean someone on the Mexico side of the U.S.-Mexico border.
“Contrary to the court of appeals’ view, an alien ‘arrives in the United States’ only when he crosses the border and actually enters the United States,” Trump administration lawyers wrote. “An alien who is stopped in Mexico does not arrive in the United States.”
Justices on the high court are set to hear the case on March 24. They will likely make a decision by July.