Supreme Court takes up Trump southern-border asylum ban

What happened

On November 13, 2026, the Supreme Court docket in No. 26-239 records: "Petition GRANTED limited to Questions 1 and 2 presented by the petition" ^[1]. The caption is "Markwayne Mullin, Secretary of Homeland Security, et al., Petitioners v. Refugee and Immigrant Center for Education and Legal Services, et al." ^[1]. The appeal comes from case 25-5243 in the "United States Court of Appeals for the District of Columbia Circuit", with a decision date of April 24, 2026, and rehearing denied on July 23, 2026 ^[1].

CBS News said the justices will review President Trump's southern-border directive cutting off asylum for people who cross illegally ^[2]. NBC News said the Court will decide whether the administration may prohibit asylum claims at that border ^[3]. NBC News said the fight grows out of a Jan. 20, 2025, proclamation that declared an "invasion" on the southern border ^[3]. CBS News said the proclamation came on Mr. Trump's first day back in the White House, with later implementing guidance from the Department of Homeland Security ^[2].

NBC News reported that in July 2025, Randolph Moss held the policy unlawful ^[3]. CBS News reported that Moss found the administration lacked authority "to replace the rules and procedures enacted by Congress," and that he certified a class of everyone covered by the proclamation ^[2]. CBS News said a divided panel of three judges left that ruling in place in April ^[2]. NBC News said the District of Columbia Circuit affirmed it in April ^[3].

CBS News reported that the administration has continued to enforce the policy, and that the D.C. Circuit "halted its ruling against DHS pending Supreme Court review" ^[2]. NBC News said the policy "has remained in effect while litigation continues" ^[3].

How it affects Americans

NBC News said the policy has remained in force at the southern border while the case proceeds, and described the dispute as a "sweeping assertion of presidential power" over asylum claims, "notwithstanding federal law enacted by Congress that lays out a procedure to do so" ^[3]. CBS News reported that Randolph Moss said immigration law does not give the president "the unilateral authority to limit the rights of noncitizens in the U.S. to apply for asylum" ^[2].

The Veil Press view

The outlets describe a fight over presidential power and the asylum procedures set by Congress ^[2][3].

Our read: The Court should settle the president's authority to secure the southern border.

What we know

Confirmed

• On November 13, 2026, the docket in No. 26-239 records: "Petition GRANTED limited to Questions 1 and 2 presented by the petition" ^[1].
• The docket names Markwayne Mullin, Secretary of Homeland Security, among the petitioners, and Refugee and Immigrant Center for Education and Legal Services among the respondents ^[1].
• The lower court is the court of appeals named in the docket, case 25-5243, with a decision date of April 24, 2026, and rehearing denied on July 23, 2026 ^[1].

Still being reported

• NBC News dates the proclamation to Jan. 20, 2025, and says Randolph Moss held the policy unlawful in July 2025 ^[3].
• CBS News reports that Moss certified a class of people covered by the proclamation and that a divided panel upheld his decision ^[2].
• NBC News says the policy "has remained in effect while litigation continues" ^[3]. CBS News reports that the D.C. Circuit "halted its ruling against DHS pending Supreme Court review" ^[2].
• NBC News says the Court's ruling is "due before the end of June" ^[3]. CBS News says a decision in the cases is expected "by the end of June or early July" ^[2].