DOJ accuses courts of undercutting executive power in high-stakes Supreme Court border case

This material may not be published, broadcast, rewritten, or redistributed. ©2026 FOX News Network, LLC. All rights reserved. Quotes displayed in real-time or delayed by at least 15 minutes. Market data provided by Factset. Powered and implemented by FactSet Digital Solutions. Legal Statement. Mutual Fund and ETF data provided by LSEG. Sen. Eric Schmitt, R-Mo., joins 'The Faulkner Focus' to discuss President Donald Trump’s asylum pause and Afghan vetting crackdown, U.S. strikes on Venezuela-linked narco-terror boats, and Democratic attacks on his immigration and military orders. The Department of Justice will argue Tuesday that lower courts are undermining the federal government’s ability to manage the southern border in a closely watched Supreme Court case about how migrants make asylum claims. DOJ lawyers wrote in court papers ahead of the arguments that an appeals court was wrong to restrict the government’s ability to limit how it processes migrants into the country. The lawyers said the ruling stripped the executive branch of a necessary tool, first used during the Obama administration, to respond to surges of illegal migration, which the Trump administration has sought to cur