The Supreme Court on Thursday cleared the way for the Trump administration to restart a policy known as “metering,” which prevents immigrants from making asylum claims by halting them at the border with Mexico. The practice, first used by Customs and Border Protection under the Obama administration in 2016, turns away asylum seekers who have not yet crossed into U.S. territory. Justice Samuel Alito wrote the majority opinion, stating that an alien does not “arriv[e] in the United States” by attempting to set foot in the country.
The decision resolves a years-long legal battle over a Border Patrol tactic used when there is limited capacity to process people at ports of entry. Under metering, would-be asylum seekers typically wait in Mexico until there is room for them to enter. The Trump administration had asked the justices to overturn a 9th Circuit ruling that had blocked the practice.
The majority opinion in Mullin v. Al Otro Lado argued that an alien “arrives in the United States only when he crosses the border.” The policy still allows individuals with valid travel documents to enter the country at any time. The ruling marks another significant shift in immigration enforcement under the current administration.
The decision is likely to face challenges from immigrant advocacy groups that argue it violates U.S. asylum law and international obligations. Critics contend that the practice effectively blocks access to asylum, a right protected under U.S. statute. The Biden administration had previously overturned the policy through judicial action.
Some legal experts caution that the ruling may spur further litigation on the limits of executive power over immigration, but the immediate effect is a sharp reduction in asylum claims at the southern border.