Supreme Court appears open to Trump administration request to revive asylum border restrictions
The Facts
- The Supreme Court heard oral arguments on Tuesday in a case about whether the Trump administration can turn away some asylum seekers at the U.S.-Mexico border before they cross into the United States.
- The case concerns a policy known as metering, under which border officials limited or delayed asylum processing for people at ports of entry along the southern border.
- Several reports said a majority of justices, including some conservatives, appeared sympathetic to the Trump administration’s argument during the hearing.
- The legal dispute turns on how federal immigration law should be read, especially the phrase allowing a noncitizen who is 'physically present in the United States' or who 'arrives in the United States' to apply for asylum.
- The policy at issue was used during the Obama administration, expanded during Trump’s first term, and later rescinded by President Biden in 2021.
- Lower courts, including a federal judge in San Diego and the 9th Circuit Court of Appeals, previously ruled against the practice.
- Some reports said the administration argued the policy is needed to manage surges or overcrowding at the border.
Context
What is metering in this case?
Metering is the practice of limiting or turning away asylum seekers at border ports of entry before they can cross into the United States or have their claims processed NTD,Guardian,POLITICO,Hill.
What is the main legal question before the court?
The justices are weighing whether someone stopped on the Mexican side of the border has 'arrived in the United States' for purposes of federal asylum law, which several sources said is the key phrase in dispute Aol,Independent,POLITICO,Los Angeles Times,theepochtimes.com.
What would happen if the administration wins?
If the court rules for the administration, it could allow the government to revive a policy that lets officials turn away some asylum seekers at the border when crossings are considered too crowded or overburdened NYT,Guardian,Daily Mail,SCMP.
The receipts — all 100 sources
Wire services (6)
Independent coverage (50)
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