The US judiciary is turning its back on asylum seekers, sadly

America is no longer committed to an ideal that it has long upheld

- NOAH FELDMAN

In a decision that redefines what it means to be heartless, the US Supreme Court has held that by stopping asylum seekers from crossing the border, the country can avoid ever having to determine whether their lives are in danger if they return home.

In a decision that redefines what it means to be heartless, the US Supreme Court has held that by stopping asylum seekers from crossing the border, the country can avoid ever having to determine whether their lives are in danger if they return home. The majority opinion, written by Justice Samuel Alito, is a case study in the absurdities of legalism, and shows why it has been condemned since the days of Jesus of Nazareth.

The law says an asylum seeker who “arrives in” the US must be given the chance to claim its protection. But the court said that so long as the asylum seeker has not actually stepped over the border, the statute does not apply.

The result elevates the letter of the law over not only its logic, but also its spirit. Asylum exists because of the moral determination of all modern countries, including the US, that people oppressed in their home countries should have a chance to live a better life somewhere else.

It is perverse to bar asylum applications from people who follow the rules and show up at established border crossings, while allowing asylum applications from those who manage to get across the border unlawfully.