The Supreme Court has cleared the way for the Trump administration to potentially reinstate a restrictive immigration policy that limited the number of migrants who could apply for asylum daily at the U.S.-Mexico border. In a 6-3 decision on Thursday, the justices overturned a lower court’s injunction against the practice, which had been used under both the Obama and Trump administrations.
The policy, known as metering, required asylum seekers to wait in makeshift shelters, often in unsafe conditions, to await their turn to apply. Advocates argued this created a humanitarian crisis, while the Trump administration contended it was a necessary tool to manage an increase in asylum claims. The administration argued that metering is a critical tool that has been used by presidents of both parties and should remain available, asserting that individuals turned away could return later, despite lengthy queues that occurred when the policy was in effect.
Under federal law, migrants arriving in the U.S. are permitted to apply for asylum and undergo screening for fear of persecution in their home countries. The Justice Department argued that individuals intercepted at the border had not yet arrived in the country, and thus immigration agents were not obligated to allow them to apply. The court's conservative majority agreed with this interpretation, with Justice Samuel Alito writing that "a guest does not arrive in a house when he knocks on the front door."
Conversely, attorneys representing asylum seekers maintained that the law has long stipulated that anyone arriving at a port of entry must be screened, and that blocking arrivals contradicts national ideals. Justice Sonia Sotomayor, in a dissenting opinion delivered from the bench, stated that the majority's ruling "regrettably and tragically extinguishes the light of the torch of the Statue of Liberty."
Metering was initially implemented under President Barack Obama during a period of increased arrivals at the San Diego-Tijuana crossing. It was later expanded to all crossings from Mexico during President Donald Trump's term. The policy ended in 2020 amid broader pandemic-related restrictions, and President Joe Biden formally rescinded it in 2021.
In 2021, a federal judge in California ruled that metering violated asylum seekers' rights and the law requiring screening. A divided federal appeals court panel affirmed this decision, but a significant number of judges on the full court signaled their willingness to rehear the case, which may have influenced the Supreme Court's consideration.
U.S. law generally allows individuals seeking refuge to apply for asylum once they are on American soil, regardless of their entry method. To be granted asylum, applicants must demonstrate a credible fear of persecution based on specific grounds such as race, religion, nationality, membership in a particular social group, or political opinion. Those granted asylum are protected from deportation, permitted to work legally, reunite with immediate family, and eventually apply for legal residency and citizenship.