Overview
- The justices granted review in Noem v. Al Otro Lado, a long-running challenge to the now-rescinded metering practice that limited daily asylum processing at southern border crossings.
- A 2–1 Ninth Circuit panel ruled that migrants who present to U.S. officers at a port of entry have arrived in the United States and must be inspected and processed, a decision the full court declined to rehear after sharp dissents.
- The Justice Department argues the Ninth Circuit defied the statute’s plain text, saying a person only arrives when within U.S. borders, and warns the ruling removes a critical tool for managing surges at ports of entry.
- Metering was used during migrant surges beginning in 2016, formalized government-wide in 2018, and rescinded in 2021, with plaintiffs contending the case has little present effect given subsequent policies.
- Oral arguments are expected next year with a decision by the end of June, a ruling that could redefine executive authority at ports of entry and future access to asylum at designated crossings.