“Breaking news: Supreme Court Allows Trump to Block Asylum Seekers at Border.” That’s how The New York Times heralded the court’s decision Thursday in Mullin v. Al Otro Lado. It’s a good example of how the media, through a misleading headline, can distort what people believe about the court, since most readers are unlikely ever to read its actual opinions.
In reality, the decision upheld an immigration policy first adopted and practiced by the administration of Barack Obama. That little fact doesn’t exactly jump out from the Times’ headline. On the contrary, the article’s framing suggests that the Supreme Court has once again kowtowed before a controversial Trumpian measure—and that’s an unfortunate misimpression to leave people with.
Here’s what the case is actually about.
Back in 2016, a surge of illegal aliens claiming asylum overwhelmed the capacity of immigration authorities at ports of entry along the Mexican border. Back then, migrants who were not trying to sneak across the border would enter the U.S. at an official entry point and present themselves to a U.S. immigration officer behind a counter or desk. Those with a visa or other lawful admission papers would be allowed through. Otherwise, they were turned away and forced to return to Mexico. But there was one exception: By law, an alien who has “arrived in” the U.S. cannot be turned away if he claims asylum.
