The US Supreme Court on Thursday cleared the way for the Donald Trump administration to potentially reinstate a controversial immigration policy that had previously limited the number of migrants allowed to seek asylum at the US-Mexico border.
In a 6-3 ruling, the court overturned a lower court order that had blocked the practice, known as “metering,” which was first introduced under former President Barack Obama and later expanded during Trump’s first term.
The policy restricted the number of asylum applications accepted each day at border crossings, leading to long waiting lines and makeshift camps on the Mexican side of the border. Immigration advocates argued that the practice triggered a humanitarian crisis, while the Trump administration maintained it was necessary to manage rising numbers of asylum seekers.
Although the policy is not currently in effect, administration officials argued that it remains an important tool that should be available to future presidents.
Federal attorneys said migrants turned away at the border were not denied asylum permanently and could return later to apply, though critics noted that waitlists often stretched into the thousands.
The case is one of several immigration-related disputes before the Supreme Court, including challenges involving birthright citizenship and temporary legal protections for migrants fleeing conflict and instability.
Under US law, migrants who reach American soil are generally entitled to apply for asylum and seek protection if they fear persecution in their home countries.
However, the Justice Department argued that individuals stopped before being formally admitted into the country had not legally “arrived” in the United States and therefore were not entitled to immediate asylum processing.
Writing for the majority, Justice Samuel Alito said, “A guest does not arrive in a house when he knocks on the front door.”
Justice Sonia Sotomayor strongly dissented, warning that the ruling undermines America's long-standing commitment to offering refuge to those fleeing persecution.
The metering policy was first used during the Obama administration amid an influx of Haitian migrants at the San Diego-Tijuana border crossing and was later expanded to all crossings along the Mexican border during Trump's first term.
The practice ended in 2020 when broader restrictions were imposed during the COVID-19 pandemic and was formally rescinded by former President Joe Biden in 2021.
A federal judge in California ruled in 2021 that the policy violated asylum seekers' rights and federal law requiring migrants to be screened for fear of persecution. That decision was later upheld by an appeals court before reaching the Supreme Court.
US asylum law allows individuals seeking refuge to apply for protection regardless of whether they entered the country legally, provided they can demonstrate a credible fear of persecution based on factors such as race, religion, nationality, political opinion or membership in a particular social group. Those granted asylum are allowed to remain in the United States, work legally and eventually apply for permanent residency and citizenship.