Ranking Members Raskin, Thompson, and Padilla Defend Congress’s Authority Over Asylum Law in New Bicameral Supreme Court Amicus Brief

(WASHINGTON)—Rep. Jamie Raskin, Ranking Member of the House Judiciary Committee, Rep. Bennie G. Thompson, Ranking Member of the House Homeland Security Committee, and Sen. Alex Padilla, Ranking Member of the Senate Judiciary Immigration Subcommittee, led Democratic Members of the House Judiciary and Homeland Security Committees in filing an amicus brief before the Supreme Court of the United States in Noem v. Al Otro Lado, urging the Court to reaffirm that the Constitution assigns Congress—not the Executive Branch—the authority to write and revise the nation’s asylum laws.

The brief challenges the Trump Administration’s so-called “metering” policy, which blocks people at official ports of entry to stop them from applying for asylum under federal law. Members argue that this is not lawful enforcement discretion, but an attempt by the Executive Branch to sidestep and override Congressional intent written into law.

“Congress decided who may apply for asylum and how the process works because we have power over immigration. The President cannot erase and overthrow those decisions by physically blocking access to the legal process. If an administration believes a statute no longer works, it can come to Congress with a proposal to change it but it cannot delete and rewrite the law on its own. Allowing that kind of executive end-run is a direct attack on the separation of powers,” said Ranking Member Jamie Raskin.

“Congress has, time and again, used its Constitutional authority to pass laws to create legal immigration pathways for those wanting to come to the United States. The Trump administration cannot ignore Federal law and pretend these legal pathways don’t exist. Executive orders — nor Stephen Miller’s sick fantasies — will never trump Federal law. If the White House wants to change immigration law, it must always come before Congress,” said Ranking Member Bennie G. Thompson.

“Congress has power over asylum and legal immigration pathways — not Donald Trump, Stephen Miller, or any executive branch official looking to unlawfully turn away people seeking protection in our country without giving them due process. The Trump Administration’s inhumane policy of turning away potential asylum seekers before they step foot on U.S. soil is a clear violation of federal law and a stain on our legacy as a nation of immigrants. Our brief makes clear that President Trump cannot unilaterally rewrite the rules of our immigration system; he needs an act of Congress — not an unlawful workaround,” said Ranking Member Alex Padilla.

Congress has repeatedly exercised its Article I authority to structure asylum procedures while balancing humanitarian commitments with border management. Congress has long preserved the basic statutory framework allowing individuals who arrive at the nation’s borders to seek protection under federal law.

Members warn that the Administration’s position could be used as a playbook by future administrations to circumvent acts of Congress and defy federal law.

The brief was submitted by: Rep. Jamie Raskin, Rep. Bennie G. Thompson, Sen. Alex Padilla, Rep. Pramila Jayapal, Rep. Becca Balint, Rep. Troy A. Carter, Sr., Rep. Steve Cohen, Rep. J. Luis Correa, Rep. Jasmine Crockett, Rep. Jesús G. “Chuy” García, Rep. Dan Goldman, Rep. Al Green, Rep. Pablo José Hernández, Rep. Henry C. “Hank” Johnson, Jr., Rep. Sydney Kamlager-Dove, Rep. Ted W. Lieu, Rep. Lucy McBath, Rep. LaMonica McIver; Rep. Jerrold Nadler, Rep. Nellie Pou, Rep. Delia C. Ramirez, Rep. Deborah K. Ross, Rep. Mary Gay Scanlon, Rep. Eric Swalwell, Rep. Shri Thanedar, and Rep. James Walkinshaw.

The full brief is available HERE.

For more information on House Democrats’ efforts to protect Americans against the unlawful actions of the Trump Administration, visit litigationandresponse.house.gov.

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