U.S. Supreme Court to Hear Trump Administration’s Defense of Asylum ‘Metering’ Policy

The U.S. Supreme Court is set to hear arguments on Tuesday regarding the Trump administration’s authority to turn away asylum seekers at the U.S.-Mexico border when crossings are deemed too overwhelmed to process additional claims. The case centers on the controversial “metering” policy, which allowed immigration officials to limit the number of asylum applications accepted at border entry points. Originally formalized during Donald Trump’s first term in 2018 and later rescinded by President Joe Biden in 2021, the policy could be reinstated if the court rules in favor of the administration.

The legal dispute hinges on whether migrants stopped on the Mexican side of the border can be considered as having “arrived in the United States” under federal law. While U.S. law states that individuals who arrive in the country have the right to apply for asylum and must be inspected by immigration officials, a lower court ruled in 2024 that this protection extends even to those waiting at designated border crossings. The San Francisco-based 9th U.S. Circuit Court of Appeals found that denying processing under the metering policy violated federal obligations.

Challenging that ruling, the Trump administration argues that “arriving in” the United States requires physically entering the country, not merely approaching its border. Advocacy group Al Otro Lado, which filed the lawsuit in 2017, opposes this interpretation. A decision from the Supreme Court is expected by the end of June and could have far-reaching implications for U.S. immigration policy, as the administration continues to pursue stricter border control measures alongside other ongoing legal battles over asylum restrictions and migrant protections.

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