The US Supreme Court has cleared the way for the Trump administration to potentially revive an immigration policy known as metering, which limits the number of asylum seekers allowed to apply at ports of entry along the US-Mexico border. The justices overturned a lower court order that had blocked the practice.
What is metering?
Metering restricts the daily number of migrants who can present themselves at official border crossings to request asylum. Under the Obama administration and during Trump's first term, this policy was used to manage surges in asylum applications. When in effect, lines could stretch for thousands of people, forcing many to wait in unsafe makeshift shelters in Mexican border cities.
Advocates for migrants argue that metering created a humanitarian crisis, as thousands were left in precarious conditions. The Trump administration maintained that the policy was necessary to handle increased numbers of asylum seekers at the border.
Current status and legal arguments
The policy is not currently in place, as other restrictions on asylum seekers have been imposed. However, the administration argues that metering is a critical tool used by presidents of both parties and should remain available. Federal attorneys contend that people turned away can return later, though lines were extensive when the policy was active.
Under federal law, migrants arriving in the US must be allowed to apply for asylum and be screened for fear of persecution. The Justice Department argued that individuals stopped by authorities before physically entering have not yet arrived, so immigration agents are not required to process their applications. Attorneys for asylum seekers counter that the law has long required screening for anyone arriving at a port of entry, and blocking arrivals disregards the nation's ideals.
History and court proceedings
Metering was first used during the Obama administration when large numbers of Haitians appeared at the main San Diego-Tijuana crossing. It was expanded to all border crossings from Mexico during Trump's first term. The policy ended in 2020 when the government introduced greater restrictions during the coronavirus pandemic, and President Joe Biden formally rescinded it in 2021.
In 2021, a California-based federal judge ruled that metering violated asylum seekers' rights and the law requiring screening. A divided appeals court panel affirmed the ruling, but nearly half of the judges on the full San Francisco-based court voted to rehear the case, a strong signal that may have influenced the Supreme Court's decision to overturn the lower court block.
