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Supreme Court Takes Up Challenge to Border 'Metering' Policy

The ruling could determine whether future administrations may legally limit inspections at ports of entry.

Overview

  • The Court agreed to review lower-court rulings that struck down the practice of turning back asylum seekers before they could step onto U.S. soil.
  • The case centers on whether federal law requires inspection of people who present at ports of entry even if they remain outside the border, including how the term “arrives” is interpreted.
  • A federal judge found metering unlawful in 2021, and a divided Ninth Circuit panel affirmed in a 2–1 decision.
  • The Biden administration rescinded metering in 2021 and shifted to an appointment-based processing system, limiting immediate practical effects.
  • The Justice Department argues the rulings removed a border-management tool used by both parties, with Supreme Court arguments expected next year and a decision by late June.