Supreme Court to Decide Whether Asylum Seekers Can Apply for Asylum at the Border

The disagreement turns on the meaning of the words ‘arrives in.’

The U.S.–Mexico border wall seen from outside of San Diego on Jan. 20, 2026. John Fredricks/The Epoch Times

The U.S. Supreme Court is set to hear arguments on March 24 in a case to decide whether the government is required to allow asylum seekers to apply for asylum before they’ve crossed the border.

The case, Noem v. Al Otro Lado, questions when a person has “arrived” in the United States for the purposes of a federal law that says that “any alien who is physically present in the United States or who arrives in the United States ... may apply for asylum,” regardless of legal status.