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The Anti-Immigrant Supreme Court

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25.06.2026

The Supreme Court made one thing plain this week: It is an anti-immigrant court. There were hints before—big ones, to be honest. But in three rulings this week, the Republican-appointed justices voted to green light Trump administration policies against immigrants that both defy federal law and carry a massive humanitarian toll. This week’s decisions display, at best, a callous disregard for the wellbeing and safety of millions of people. At worst, they signal that an anti-immigrant mindset has taken hold of the court’s conservative wing.

On Thursday, the court issued two decisions with shocking human consequences. First, in Mullin v. Al Otro Lado, the court allowed the administration to deny immigrants the right to apply for asylum simply by preventing them from technically crossing the border. The relevant law states that immigrants “arriving in” the US may apply for asylum. In a gotcha-type trick typical of a middle school bully, the administration claims that if it can prevent people from physically stepping across the border, they can ignore all the mandatory processes Congress set-up to process asylum seekers who come to the nation’s doorstep. The 6-3 majority agreed, using a juvenile grammatical argument to render the law contradictory and unenforceable. Because Congress used the preposition “in,” the administration is now free to defy the law and deny thousands of immigrants fleeing persecution their right to apply for asylum. The conclusion is as stupid as it is cruel.

Justice Samuel Alito’s majority opinion in the case, joined by the other five GOP appointees, ignores the policy’s devastating toll. But Justice Sonia Sotomayor’s dissent does not. She describes the violence visited upon immigrants as they endlessly wait in makeshift camps along the border to be able to apply for asylum, and the tragedy of mothers, fathers, and children drowning in the Rio Grande after being turned away from a port of entry.

“The consequences of today’s decision are predictable. More people will die.”

“The current asylum system developed in response to the international moral reckoning that followed the Holocaust and World War II,” Sotomayor wrote, joined by Justices Elena Kagan and Ketanji Brown Jackson. In 1939, the United States turned away the M.S. St. Louis carrying Jewish refugees. Forced to........

© Mother Jones