Overview
- The justices granted review in Noem v. Al Otro Lado, taking up a challenge to the Ninth Circuit’s 2–1 ruling that migrants who encounter U.S. officers at ports of entry have “arrived” even if still in Mexico.
- The Trump administration argues that “arrives in” requires entry onto U.S. soil and says it wants to preserve the option to reinstate metering during surges.
- Plaintiffs contend the dispute has little current impact because metering was rescinded in 2021 and most processing now occurs through appointments.
- A divided Ninth Circuit declined rehearing, as dissenting judges warned the panel’s reading improperly applies U.S. law extraterritorially and conflicts with statutory text.
- The Supreme Court is expected to hear arguments next term and issue a decision by the end of June 2026.