by James O’Dowd, EIIC Legal Intern
This summer, the U.S. Supreme Court issued four major decisions that touch nearly every part of the immigration system, from the southern border to green card renewals to the citizenship of children born here. Whatever your own immigration status, these rulings may affect family members, friends, or neighbors in our community. Below, we break down what each case decided and what it could mean for you.
This summary is provided for general information only and is not legal advice. If any of these rulings may affect your case, please contact EIIC to speak with a member of our legal team.
1. Asylum Seekers at the Border: Metering Is Back On the Table
Mullin v. Al Otro Lado
The Court ruled that a person only “arrives in the United States,” and is therefore entitled to inspection and the right to apply for asylum, once they physically cross the border. Simply standing at the border on the Mexican side, even in front of a U.S. official, does not count.
This clears the way for the government to resume “metering”: stationing officers at ports of entry to physically block asylum seekers from crossing until officials decide there is capacity to process them.
What this means:
- Asylum seekers may again face long waits on the Mexican side of the border, often in border towns known to be dangerous for migrants.
- Advocates warn this could push more people toward dangerous illegal crossings rather than waiting at official ports of entry.
- Family members abroad who are considering presenting themselves at the border to seek asylum should get legal guidance beforehand, since conditions and wait times may change with little notice.
2. Temporary Protected Status: Courts Step Back
Mullin v. Doe
This case asked whether courts can review a decision by the Department of Homeland Security (DHS) to end Temporary Protected Status (TPS) for a country. TPS has allowed hundreds of thousands of Haitians (protected since the 2010 earthquake) and Syrians (protected since 2012, amid the civil war) to live and work legally in the U.S.
In a 6 to 3 ruling, the Court held that a federal law largely bars courts from second-guessing DHS’s TPS decisions. The dissenting justices argued the law should be read more narrowly and that DHS had not properly consulted the required agencies or considered evidence of discriminatory motive before ending protections.
What this means:
- Termination of TPS for Haitian and Syrian nationals is set to take effect on July 27, 2026.
- Affected individuals will lose both legal status and work authorization, and most will have no legal path to remain unless they qualify for another form of relief, such as asylum.
- Estimates suggest over 40,000 people in New York City alone could be affected.
- If you or someone you know holds TPS under either designation, please reach out to EIIC now to review other possible options before status expires.
3. Green Card Holders: Traveling With a Pending Criminal Case Is Riskier Than Ever
Blanche v. Lau
This case involved a lawful permanent resident (green card holder) who left the U.S. while a criminal charge was still pending against him, and was paroled back into the country as an “applicant for admission” rather than treated as already admitted.
The Court laid out a two-step process for cases like this:
- Step One: If a green card holder has committed a crime involving “moral turpitude,” even if they have only been charged, not convicted, a border officer may treat them as seeking admission rather than as an already admitted resident.
- Step Two: If that person is later convicted (or admits to the offense), they can be found inadmissible and face removal, using the conviction as proof, even though it came after the border decision was made.
Justice Jackson’s dissent warned that this allows the government to demote a green card holder’s status first and justify it later, leaving people in limbo, often for years, with a temporary paper document instead of their actual green card, and real difficulty accessing employment, healthcare, banking, and housing in the meantime.
What this means:
- Green card holders with any pending criminal charge, even a minor one, even one that may not ultimately qualify as a disqualifying offense, should think carefully before traveling internationally.
- Returning to the U.S. while a charge is unresolved could result in your green card being confiscated and replaced with a temporary document, along with the start of removal proceedings.
- If you have a pending charge and upcoming travel plans, please speak with EIIC or an immigration attorney first.
4. Birthright Citizenship: Upheld and Protected
Trump v. Barbara
In the one piece of good news among these four rulings, the Court struck down the administration’s executive order that sought to end automatic citizenship for children born in the U.S. to parents who are undocumented or only temporarily present.
In a 6 to 3 decision, the majority held that the Fourteenth Amendment’s Citizenship Clause guarantees citizenship at birth to virtually everyone born on U.S. soil, reaffirming the Court’s landmark 1898 ruling in United States v. Wong Kim Ark. Justice Kavanaugh agreed the order could not stand, though he reached that conclusion through federal statute rather than the Constitution itself. Three justices dissented.
What this means:
- Children born in the United States remain U.S. citizens at birth, regardless of their parents’ immigration status.
- Because this ruling is grounded in the Constitution, undoing it would require a constitutional amendment, not just a new law or executive order, making this protection durable for the foreseeable future.
The Bigger Picture
With the exception of the birthright citizenship case, these rulings generally expand the government’s discretion at the border and in immigration enforcement, while narrowing the situations in which courts will step in to review those decisions. Where the Constitution speaks clearly and directly, as with birthright citizenship, the Court held the line. Elsewhere, the trend this term has been toward deference to the executive branch.
Need help understanding how these rulings affect you or your family? Contact the Emerald Isle Immigration Center to schedule a consultation with our legal team.
