Supreme Court Takes Up Asylum Case Involving Material Support for Terrorists

The Supreme Court has agreed to hear a challenge from the Trump administration concerning the interpretation of a law that bars individuals from receiving asylum if they have provided "material support" to terrorist organizations. The case centers on Izuchukwu Ozurumba, a Nigerian man who claims he was forced to cook meals for the Unknown Gunmen, a militant group linked to political violence in Nigeria.

The legal battle could significantly impact how immigration authorities apply terrorism-related bars to asylum claims and shape the government's ability to deport immigrants accused of aiding terrorism. The core of the dispute lies in the provision of the Immigration and Nationality Act that prohibits material support to terrorist groups, which lists examples such as transportation, communication, housing, money, weapons, and training, but does not explicitly define what constitutes "material support."

The Fourth Circuit previously overturned Ozurumba's deportation order in a 2-1 ruling. Judges concluded that while Ozurumba prepared thousands of meals for the group's leaders, his cooking did not directly provide resources that could be used for terrorist operations. The majority opinion, however, did not address the question of whether assistance provided under duress could be an exception, as that issue was left unresolved.

The Trump administration argues that the Fourth Circuit's interpretation of the law is too narrow. They contend that even seemingly ordinary services, such as cooking, can sustain a terrorist organization by freeing up its members to focus on attacks. As Bryce Poole, a senior legal fellow with Advancing American Freedom, explained, "Because he's cooking the meals, one of the armed guards doesn't have to cook the meals and can be an armed guard."

Ozurumba stated that he was initially hired as a chef at a camp where he prepared meals for leaders of the group, later learning it belonged to the Unknown Gunmen. He claims armed guards prevented him from leaving, and he cooked for the group for approximately six months, including three months without pay, before escaping. An immigration judge had previously determined that the Unknown Gunmen qualified as a terrorist organization under federal immigration law, despite not being formally designated by the State Department.

After escaping the camp, Ozurumba fled Nigeria, eventually crossing the U.S. southern border in July 2023 and surrendering to Border Patrol agents. He subsequently applied for asylum. An immigration judge denied his request and ordered his deportation, a decision affirmed by the Board of Immigration Appeals, which found his cooking violated the material support rule.

Judge Julius Richardson, in a dissenting opinion, argued that providing thousands of meals to terrorist leaders freed them to pursue their organization's objectives, thus constituting material support. He cited Napoleon's quote that "an army marches on its stomach" and noted that other federal appeals courts have consistently held that providing food and shelter qualifies as material support, even if not directly tied to a specific terrorist event. Hans von Spakovsky, a legal expert with Advancing American Freedom, echoed this sentiment, stating that doing so under duress is not an exception under the statute.

Even if Ozurumba prevails at the Supreme Court, it would not automatically grant him asylum. His case would still need to be reconsidered by immigration authorities, and his return to the U.S. would be at the discretion of officials. The Fourth Circuit had previously indicated it would not order the government to facilitate his return, leaving that decision to the relevant agencies.