President Biden’s border policy is indeed facing multiple lawsuits that have reached or are approaching the Supreme Court, reflecting ongoing legal battles over how the administration manages immigration and asylum at the U.S.-Mexico border. These lawsuits challenge various aspects of Biden’s approach, particularly policies aimed at restricting border crossings and managing asylum claims.
One major legal conflict involves a case brought by the organization Al Otro Lado and asylum seekers, which disputes the administration’s practice of preventing migrants without valid travel documents from entering the U.S. at the border. The U.S. Court of Appeals for the 9th Circuit ruled that asylum seekers are considered to have “arrived” in the United States when they present themselves to an official at the border, even if that meeting occurs in Mexico. This ruling effectively declared unlawful the executive practice of stopping migrants before they physically enter the U.S. The Biden administration has petitioned the Supreme Court to review this decision, arguing that the ruling undermines the executive branch’s ability to manage the southern border and disrupts the immigration system. The Supreme Court has shown interest by requesting a response from the opposing party, signaling that this case could be heard by the high court soon.
Another significant lawsuit originated in Florida, where then-Attorney General Ashley Moody filed suit in 2021 against Biden’s immigration enforcement policies, particularly targeting “parole” policies that allowed undocumented immigrants to be released from detention after crossing the border. This lawsuit was part of a broader political effort by Florida officials to criticize the Biden administration’s immigration handling. However, after President Trump took office again, the Department of Homeland Security reexamined and changed some of these policies, leading to a joint motion by Florida and the federal government to dismiss the appeal, effectively ending that particular legal fight.
In addition to these, there are ongoing challenges to specific rules and executive orders related to asylum eligibility and border enforcement. For example, a district court vacated parts of a final rule that limited asylum eligibility for those entering without inspection and imposed strict requirements on expressing fear of persecution. The government has appealed this ruling, and the case is pending before the D.C. Circuit Court, with the Supreme Court potentially involved in the future.
Beyond immigration-specific lawsuits, the Biden administration is also defending against challenges related to tariffs and trade policies linked to immigration and national security, though these are somewhat separate from the core border policy disputes.
Overall, Biden’s border policies are under intense judicial scrutiny, with lawsuits focusing on the legality of restricting entry to asylum seekers
