⚖️ SCOTUS to Review Trump-Era ‘Metering’ Policy That Blocked Asylum Seekers

The Supreme Court announced today it has granted the Trump administration’s request to review a Ninth Circuit Court of Appeals decision, putting a major immigration policy from the President’s first term squarely before the high court. The policy, known as “metering” or the “turnback policy,” allowed U.S. Customs and Border Protection (CBP) officers to turn away potential asylum seekers at official ports of entry along the U.S.-Mexico border.

🏛️ The Legal Question at Stake

 

The core legal argument revolves around the interpretation of federal statute (8 U.S.C. § 1158(a)(1)), which states that any non-citizen who “arrives in the United States” may apply for asylum.

• The Government’s Argument: The administration argues that people standing on the Mexican side of the border who are turned away by CBP officers have not yet “arrived in the United States” and therefore have no legal right to demand processing or asylum inspection.

• Advocates’ Argument: Attorneys for the asylum seekers (led by organizations like Al Otro Lado) argue that the policy violated U.S. law by physically blocking people attempting to lawfully present themselves for asylum. They assert that people seeking to enter a port of entry are considered to be “arriving” and must be processed.

• Consequences of Metering: The policy was widely criticized for leaving thousands of vulnerable asylum seekers—including families and children—stranded in dangerous Mexican border cities for months, where they were exposed to high risks of kidnapping, assault, and exploitation.

📈 Political and Operational Impact

 

Although the “metering” policy was formally rescinded by the Biden administration in 2021, the Supreme Court’s decision to take the case is highly relevant for future border policy:

• Future Authority: The Supreme Court’s ruling will determine the long-term legal authority of the executive branch to use capacity arguments or other methods to significantly restrict the number of asylum seekers processed at ports of entry, independent of other policies like the new, sweeping asylum ban.

• Trump’s Strategy: The Trump administration has explicitly indicated it would consider resuming the metering practice as part of its border enforcement strategy, making the Court’s ruling a critical factor in the implementation of its second-term immigration agenda.