Mexico: US Immigration Law
Key Facts
—Order. On Friday, 13 November 2026, the US Supreme Court agreed to hear case No. 26-239.
—Scope. The Court took two questions: is the ban lawful, and may courts order class-wide relief.
—In force. The asylum restrictions stay in force while the case proceeds.
—Timing. No argument date is set, according to the Court’s docket.
—Border. People who cross from Mexico illegally cannot apply for asylum while the proclamation stands.
The US Supreme Court will decide whether a president can suspend asylum claims at the Mexican border by proclamation. Its order on Friday leaves the restrictions in force while the justices take the case.
Why It Matters
Since 20 January 2025, people who cross the border from Mexico illegally have been barred from applying for asylum under a presidential proclamation. On Friday, 13 November 2026, the Supreme Court agreed to test whether that bar is lawful.
US Customs and Border Protection (CBP), the federal border agency, said on 16 October 2026 that Border Patrol recorded fewer than 99,000 southwest border apprehensions in fiscal 2026, which ended on 30 September. It calls that a 95% decline from the more than 1.8 million a year recorded under the previous administration.
What the Court Agreed to Decide
The case is Mullin v. Refugee and Immigrant Center for Education and Legal Services, No. 26-239, named for Markwayne Mullin, the Homeland Security Secretary. The Court’s docket shows it granted the government’s petition on 13 November 2026, limited to the first two of three questions.
Question 1 asks whether Proclamation 10888, titled “Guaranteeing the States Protection Against Invasion”, and its implementing guidance are lawful. Question 2 asks whether a federal law, 8 U.S.C.
1252(f)(1), bars the class-wide relief the district court ordered.
In Plain English
Asylum. US protection for people who fear persecution at home, which lets them stay and work.
Proclamation. A presidential order; this one, dated 20 January 2025, blocks asylum claims by people who cross the southern border illegally.
Class-wide relief. One court order that protects everyone in a defined group, not only the people who sued.
Solicitor General. The Justice Department lawyer who argues the federal government’s cases at the Supreme Court.
RAICES (the Refugee and Immigrant Center for Education and Legal Services). One of three immigrant legal service providers that brought the lawsuit.
How the Case Got Here
Three immigrant legal service providers and 13 individuals sued over the proclamation in federal court in Washington. On 2 July 2025 the district court ruled for them in substantial part, held the asylum bar unlawful and certified a class of people subject to the proclamation.
On 1 August 2025 a panel of the US Court of Appeals for the District of Columbia Circuit paused the asylum part of that ruling while the appeal ran. On 24 April 2026 a different panel upheld the district court in a divided opinion, with Judge Walker dissenting in part.
The appeals court denied a rehearing by its full bench on 23 July 2026. The ruling is on hold, and the asylum restrictions have stayed in force during the litigation.
Two Sides of the Argument
The government, in a petition signed by Solicitor General D. John Sauer, argues that asylum is “a purely discretionary benefit” and that officials need not accept applications that would be denied. It also says the class-wide order violates federal law and that the class is too broad.
The government adds that border encounters fell 93% after the proclamation, to the lowest levels since the 1960s. It says the asylum limits are central to that result.
Lee Gelernt, a lawyer with the American Civil Liberties Union, is counsel for the plaintiffs on their brief opposing review. In their filing opposing review, the plaintiffs said the appeals court applied a reading of the law that the executive branch itself held for decades.
A Separate Case on the Same Border
This is not the earlier case Mullin v. Al Otro Lado, No. 25-5, about “metering”, the practice of limiting how many people officers inspect each day at border crossings. The Court decided that case on 25 June 2026, after arguments on 24 March 2026.
It held that a person standing in Mexico has not “arrive[d] in the United States” under the asylum statute until he crosses the border. That ruling concerned people waiting at the line, while the new case concerns people who cross without permission.
What the Ban Means at the Mexican Border
Anyone who crosses from Mexico illegally still cannot apply for asylum today. The Court’s order does not change who is covered today.
The Court’s order does not address Mexico’s side of the border. We found no official count of migrants now waiting in Mexican border cities because of the proclamation.
What to Watch Next
Under the Court’s Rule 25, the government’s main brief is due 45 days after the grant, which falls on Monday, 28 December 2026 unless the Court extends it. The plaintiffs then have 30 days after that filing to respond.
The Court has not published an argument date for this case. Arguments are heard after the parties file their written briefs.
What Is Not Known
The docket gives no argument date. No Supreme Court ruling on the merits exists, and the justices’ views are unknown.
What It Means for You
If you follow US border policy, this case asks whether an entry-suspension power can end asylum claims at the southern border. The restrictions apply while the case is pending.
Our earlier report on asylum claims filed in Mexico covers the other side of the line, and our story on a Chilean father held in Utah after an asylum bid shows the process on the US side. More coverage is in our Mexico news section.
Frequently Asked Questions
What did the Supreme Court decide on 13 November 2026?
It agreed to hear the government’s appeal in No. 26-239 and limited review to two of the three questions raised. It has not ruled on the merits.
Is the asylum ban in force now?
Yes. The appeals court ruling is on hold, so the restrictions have stayed in place during the litigation.
When will the Court hear arguments?
No date is set on the Court’s docket. Arguments are heard after the parties file their briefs.
Who brought the case?
Three immigrant legal service providers and 13 individuals sued on behalf of a class of people covered by the proclamation. Lee Gelernt of the American Civil Liberties Union is their counsel on the brief.
Sources: US Supreme Court docket, No. 26-239; Government petition for certiorari (24 August 2026); Plaintiffs’ brief in opposition (23 September 2026); White House, Proclamation of 20 January 2025; Supreme Court opinion, Mullin v. Al Otro Lado (25 June 2026); Supreme Court Rules (2026); US Customs and Border Protection release (16 October 2026).
This article was produced by The Rio Times’ automated AI newsroom. Editorial responsibility: Matthias Camenzind, Publisher and Editor-in-Chief. The Rio Times also runs Ask Rio Times, which answers from 100,000+ of our own articles, the daily Latin America Power Map, and prediction-market odds on elections and markets.. How we use AI · Report an error