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WASHINGTON  — The Supreme Court agreed Monday to hear a Trump administration appeal that argues migrants have no right to seek asylum at the southern border.

Rather, the government says border agents may block asylum seekers from stepping on to U.S. soil and turn away their claims without a hearing.

The new case seeks to clarify the immigration laws and resolve an issue that has divided past administrations and the 9th Circuit Court of Appeals.

Under federal law, migrants who faces persecution in their home countries may apply for asylum and receive a screening hearing if they are “physically present in the United States” or if such a person “arrives in the United States.”

Since 2016, however, the Obama, Biden and Trump administrations responded to surges at the border by adopting temporary rules which required migrants to wait on the Mexican side before they could apply for asylum.

But in May, a divided 9th Circuit Court ruled those restrictions were illegal if they prevented migrants from applying for asylum.

“To ‘arrive’ means ‘to reach a destination,’” wrote Judge Michelle Friedland, citing a dictionary definition. “A person who presents herself to an official at the border has ‘arrived.’”

She said this interpretation “does not radically expand the right to asylum.” By contrast, the “government’s reading would reflect a radical reconstruction of the right to apply for asylum because it would give the executive branch vast discretion to prevent people from applying by blocking them at the border.”

“We therefore conclude that a non-citizen stopped by U.S. officials at the border is eligible to apply for asylum,” she wrote.

The 2-1 decision upheld a federal judge in San Diego who ruled for migrants who had filed a class-action suit and said they were wrongly denied an asylum hearing.

But Solicitor Gen. D. John Sauer urged the Supreme Court to review and reverse the appellate ruling, noting 15 judges of the 9th Circuit joined dissents that called the decision “radical” and “clearly wrong.”

In football, a “running back does not ‘arrive in’ the end zone when he is stopped at the one-yard line,” Sauer wrote.

He said federal immigration law “does not grant aliens throughout the world a right to enter the United States so that they can seek asylum.” From abroad, they may “seek admission as refugees,” he said, but the government may enforce its laws by “blocking illegal immigrants from stepping on U.S. soil.”

Immigrants rights lawyers advised the court to turn away the appeal because the government is no longer using the “metering” system that required migrants to wait for a hearing.

Since June 2024, they said the government has restricted inspections and processing of these non-citizens under a different provision of law that authorizes the president to “suspend the entry of all aliens or any class of alien” if he believes they would be “detrimental to the interests of the United States.”

The government also routinely sends back migrants who illegally cross the border.

But the solicitor general said the asylum provision should be clarified.

The justices voted to hear the case of Noem vs. Al Otro Lado early next year and decide “whether an alien who is stopped on the Mexican side of the U.S.-Mexico border ‘arrives in the United States’ within the meaning” of federal immigration law.

United States Republican President Donald Trump says he will restrict federal funds for New York City if Democratic candidate Zohran Mamdani wins the city’s mayoral elections, to be held on Tuesday.

Trump said on his Truth Social platform on Monday that “it is highly unlikely that I will be contributing Federal Funds, other than the very minimum as required”, if Mamdani wins the race.

Polls show Mamdani leading against former New York Governor Andrew Cuomo, who is running as an independent after losing to Mamdani in the Democratic primary, and Guardian Angels founder Curtis Sliwa, who is the Republican nominee.

According to the latest RealClearPolitics polls on Monday, Mamdani led with 45.8 percent, maintaining a 14.7-point advantage over Cuomo’s 31.1 percent and a 28.5-point lead over Sliwa’s 17.3 percent.

On the final day of campaigning on Monday, the mayoral candidates raced across New York City’s five boroughs after months of back-and-forth barbs, social media hits and saucy debates.

As the closely-watched election day edged closer, Mamdani led a sunrise walk across the Brooklyn Bridge, flanked by hundreds of supporters, before kicking off the day with a speech at City Hall.

Cuomo, on his part, denounced socialism in the Bronx, visited seniors in Chinatown, and popped off an X post calling Mamdani a “poser”.

And Republican candidate Sliwa greeted supporters in the Coney Island neighbourhood of Brooklyn in his signature red hat, as he spoke at a subway station where a woman was killed on a train last year.

Mamdani and Cuomo’s duelling campaigns have reflected their positions in the New York race: the son of another former New York governor, steeped in the liberal Democratic political establishment, versus a young and little-known assemblyman who would be the city’s first Muslim, first person born in Africa and the first person of South Asian descent to lead New York City.

The mayoral race, which has captured outsized global attention, has seen a record 735,317 early votes cast over the past nine days, more than four times the total for the 2021 election, according to the New York City Board of Elections.

‘Our time is now’

Mamdani, a 34-year-old New York state assemblyman, has galvanised New Yorkers with an optimistic, multilingual campaign that promised free buses, rent freezes and universal childcare, partially paid for by taxing the city’s wealthiest residents.

He reiterated that Trump had signalled his support for Cuomo in a 60 Minutes interview. In recent weeks, Cuomo has appealed to conservatives as a way to up his polling numbers.

“If [Cuomo is] elected as mayor, our city will descend deeper into the darkness that has forced too many of our neighbours to flee, and made it impossible for working people to live lives of dignity,” Mamdani said.

In his City Hall speech on Monday, Mamdani seemed to embrace the seismic shift that his campaign has represented for New York’s politics.

“There were few in this city who dared to imagine that we could win, and what it would mean for a city that has – for too long – served only the wealthy and powerful, at the expense of those who work through sunrises and sunsets,” Mamdani said.

Moments later, the crowd broke out in cheers of, “Our time is now!”

Cuomo, who resigned as governor in 2021 after an independent state probe found he had engaged in a pattern of sexually harassing women, took aim at Mamdani’s democratic socialist promises in his final hours of campaigning, likening them to left-wing governments in Latin America.

“Socialism didn’t work in Venezuela. Socialism didn’t work in Cuba. Socialism is not going to work in New York City,” Cuomo said. Mamdani, however, is a self-described “democratic socialist”.

New York’s most prominent billionaires, including hedge fund manager Bill Ackman, have supported Cuomo’s campaign, with Ackman doling out a total of $750,000 through donation vehicles known as super PACs, CNBC reported last week.