The Department of Justice will argue Tuesday that lower courts are undermining the federal government’s ability to manage the southern border in a closely watched Supreme Court case about how migrants make asylum claims.
DOJ lawyers wrote in court papers ahead of the arguments that an appeals court was wrong to restrict the government’s ability to limit how it processes migrants into the country. The lawyers said the ruling stripped the executive branch of a necessary tool, first used during the Obama administration, to respond to surges of illegal migration, which the Trump administration has sought to curb after officials encountered more than 10 million migrants at the border during the Biden administration.
"Administrations of both major parties have opposed the decision, which deprives the Executive Branch of a critical tool for addressing border surges and preventing overcrowding at ports of entry," the DOJ lawyers wrote. "This Court should reverse."
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