Overview
- The Supreme Court granted review of a Ninth Circuit ruling that struck down the border practice known as metering and will hear arguments next year with a decision expected by June 2026.
- Metering, expanded in 2018 under President Donald Trump, limited how many people could present for asylum at land ports by keeping would-be applicants in Mexico.
- A divided Ninth Circuit held that federal law requires inspection and processing of those who present at ports of entry even if they have not stepped onto U.S. soil.
- Solicitor General D. John Sauer argues that a person only arrives in the United States upon entering its territory, and the government seeks to preserve metering as a tool to manage surges.
- The Biden administration rescinded metering in 2021 and relies on an appointment system, so the immediate impact is limited, but the ruling could determine whether future administrations may reintroduce the practice.