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Supreme Court Takes Up Challenge to Trump-Era Border 'Metering' Policy

The case turns on whether presenting at a port of entry from the Mexican side counts as legal arrival that triggers mandatory inspection.

Overview

  • The Court granted review on Monday and will hear arguments next year, with a decision expected by late June.
  • The challenged practice limited daily processing at ports of entry by turning back would-be asylum seekers before they stepped onto U.S. soil.
  • A federal district judge ruled the policy unlawful in 2021, and a divided Ninth Circuit panel affirmed that agencies must inspect people who present at ports of entry.
  • The Department of Justice says lower-court rulings removed a border-management tool used in high-flow periods, while the policy itself was rescinded under the Biden administration in favor of appointment-based processing.
  • Immigrant-rights group Al Otro Lado and several asylum seekers brought the suit, and the dispute centers on whether such migrants have legally "arrived" in the United States.