Asylum Seekers: Discussing the US Supreme Court Ban

On September 11, 2019, the US Supreme Court authorized President Trump to deny entry to asylum seekers at the southern border. This order permits the administration to enforce the third country rule, requiring refugees to seek asylum in a safe country prior to reaching the US. As one of many recent policy measures to restrict immigration, this would drastically reduce asylum applications from migrants traveling through Central America. Asylum seekers hail from Africa, Asia and South America, and many are fleeing violence and environmental catastrophes. We will update this page as the story unfolds. 

Re-imagining Migration has compiled a selection of articles and resources about asylum seekers and this recent development to help guide classroom discussions:

Reports on Asylum Seekers

• AP News: Supreme Court allows broad enforcement of Trump asylum rule
• Reuters: Supreme Court allows Trump to deny asylum to many Central Americans
• The Washington Examiner: Supreme Court allows Trump administration to deny asylum to migrants on southern border
• NY Times: Supreme Court Says Trump Can Bar Asylees While Legal Fight Continues
• Wall Street Journal: Supreme Court Authorizes Trump to Deny Asylum to Central Americans
• LA Times: Supreme Court rules for Trump on asylum ban at southern border

Opinions & Editorials about Asylum Seekers

• The Washington Post: Supreme Court says Trump administration can begin denying asylum to migrants while legal fight continues
• Vox: The Supreme Court just let Trump close the Mexican border to nearly all migrants seeking asylum
• American Enterprise Institute: Trump can move funds for border wall — and the Supreme Court will back him

The Supreme Court on Asylum Seekers

• Associate Justice Sonia Sotomayor dissenting Supreme Court of the United States

Educators, as we reflect on the impact of this recent news, we invite you to consider these questions from the Re-imagining Migration Learning Arc:

1. Why do people leave their homes? 
2. What is the purpose of borders?
3. How do the visible and invisible borders people encounter shape their lives?
4. How can borders work in an ethical way?
5. What are the rights of people on the move with ambiguous status (not clearly recognized by the State)?
6. Who is responsible for people on the move with an ambiguous status?
7. What is a nation’s responsibility to people on the move with ambiguous statuses? 
8. How should nations decide who can settle and who cannot? 

Additional Questions on Asylum Seekers 

1. How might we balance the ethical, legal and social considerations in discussions around asylum? 
2. The question of safety is an important one in these discussions. What does a “safe” country constitute? Who decides this? 
3. What is the responsibility of communities to such individuals, especially those fleeing dangerous situations? 

Background & Relevant Resources

Looking back: migration has been a fundamental part of the shared human experience well before human beings created national borders, walls and boundaries. In our resource, Talking and Teaching about Walls and Borders, we provide historical context and discuss President Trump’s campaign promise to build a wall along the US-Mexico border. We also encourage fellow educators to take a step back to explore the significance of borders, walls and boundaries with their students. In our more recent collection, Reflecting on Guatemala, Migration and Asylum, we use reflection questions and a range of news articles to address President Trump’s initiatives to decrease the number of migrants arriving at the US-Mexico border. Specifically, we look at the agreement the US government signed with Guatemala to establish it as a “safe third country”.

This article was written by Aakanksha Gupta on Re-Imagining Migration's website and can be found here.

Re-imagining Migration’s mission is to ensure that all young people grow up understanding migration as a fundamental characteristic of the human condition, in order to develop the knowledge, empathy and mindsets that sustain inclusive and welcoming communities. 

We live in an era of mass migration.  Young people – whether they are part of an arriving or receiving culture – strive to form their identities as learners, community members and change-makers in the context of this global phenomenon. At Re-Imagining Migration, we are catalyzing a community of educational leaders and social organizations around making migration a part of their curriculum and culture so that all students can feel supported in their social, emotional, academic, and civic growth. Join us in this important work.