WASHINGTON (AP) — The Supreme Court grapples with whether the Trump administration's 'metering' immigration policy should be reinstated, a practice that has been used to limit the number of migrants applying for asylum at the U.S.-Mexico border.
Some conservative justices expressed support for the Justice Department's push to overturn a lower-court ruling that challenged this policy. Under metering, immigration authorities restrict the number of applications, claiming it is necessary due to rising numbers at the border.
Critics argue that this policy resulted in a humanitarian crisis during Trump's presidency, as individuals seeking asylum were turned away, leading many to live in precarious situations in makeshift camps in Mexico.
Although the policy is not currently active and was halted at the beginning of Trump's second term, the administration insists that metering remains a critical tool necessary for managing potential future increases in migrant numbers.
Disparate views among justices emerged, with certain judges questioning the legality and implications of metering. Justice Brett Kavanaugh highlighted concerns over prioritizing those who enter illegally for asylum considerations. An attorney for the Justice Department argued that applicants turned away could simply return at a later time.
Thousands of immigrants were reported on waiting lists when the policy was implemented in 2019. The core legal dispute revolves around the definition of 'arrive in' within asylum laws, with differing interpretations complicating the enforcement of migrant rights. Chief Justice John Roberts and Justice Ketanji Brown Jackson engaged attorneys in a detailed discussion about the policy's past, its potential use in the future, and the lack of current operational context.
Originally introduced during President Obama's administration, the metering policy expanded significantly under Trump and was eventually halted due to the COVID-19 pandemic. President Biden formally abandoned it in 2021, following a ruling by U.S. District Judge Cynthia Bashant that stated metering violated constitutional rights and federal law regarding asylum screening.
