Supreme Court unanimously backs immigration agencies in row over 'persecution' standards

The case involved a Salvadoran national who testified that he had been targeted by a hitman in his home country.

Published: March 4, 2026 11:47am

The Supreme Court on Wednesday ruled unanimously that immigration courts must defer to executive agencies on key findings of fact during certain immigration proceedings, handing a modest, procedural win to the Trump administration.

Justice Kentanji Brown Jackson, writing for the entire court, said "[w]e granted certiorari to determine whether the Court of Appeals applied the appropriate standard of review under the INA. We conclude that the statute requires application of the substantial-evidence standard to the agency’s conclusion that a given set of undisputed facts does not constitution persecution. According, we affirm."

The case involved a Salvadoran national who testified that he had been targeted by a hitman in his home country. Despite finding the testimony credible, the lower court found that it did not meet the standard for granting asylum under the Immigration and Nationality Act (INA).

Ben Whedon is the Chief Political Correspondent at Just the News. Follow him on X.

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