Supreme Court to Review Asylum Policy Affecting Migrants at US Border

Extended summary

Published: 18.11.2025

Introduction

The Supreme Court has agreed to review a contentious policy known as metering, which was employed by previous U.S. administrations to limit the number of asylum seekers allowed to apply for refuge at the U.S.-Mexico border. The case arises from an appeal by the Trump administration, which challenges lower court decisions that deemed the practice unconstitutional and in violation of federal law. The implications of this case extend beyond legal technicalities, touching on broader themes of immigration policy and the treatment of asylum seekers in the United States.

Background of Metering Policy

Metering was first implemented during President Barack Obama's tenure, primarily in response to an influx of Haitian migrants at the San Diego-Tijuana border crossing. The policy was designed to manage the number of asylum applications by capping the number of individuals allowed to enter the U.S. for processing. This practice expanded significantly during President Donald Trump's administration, encompassing all border crossings from Mexico. The policy effectively barred many asylum seekers from entering the country, which raised significant legal and humanitarian concerns.

Legal Proceedings and Rulings

In 2021, U.S. District Judge Cynthia Bashant ruled that metering violated the constitutional rights of migrants and contravened a federal law that mandates the screening of all individuals who arrive seeking asylum. This ruling was subsequently upheld by a 2-1 decision from a panel of the 9th U.S. Circuit Court of Appeals. The court's decision indicated a strong inclination among some judges to revisit the case, as evidenced by a notable number of judges requesting a rehearing. The Justice Department, however, has argued for the Supreme Court's involvement, claiming that the lower court's decisions have stripped the government of an essential tool for managing border surges, a position that reflects ongoing debates about immigration enforcement and policy.

Current Status and Future Implications

The Supreme Court's decision to hear the case is significant, especially considering that the metering policy was officially rescinded by President Joe Biden in 2021. Despite this, the Justice Department maintains that the legal principles established by the lower courts could have lasting effects on future administrations' ability to manage asylum claims effectively. The upcoming arguments, scheduled for late winter or early spring, will provide a platform for examining the balance between national security interests and the rights of asylum seekers.

Conclusion

The Supreme Court's review of the metering policy underscores the complex and often contentious nature of U.S. immigration law, particularly concerning asylum seekers. As the case progresses, it will likely shape the future landscape of asylum processing at the U.S.-Mexico border. The outcome could influence not only current immigration practices but also set precedents for how future administrations handle similar challenges. This case exemplifies the ongoing struggle between enforcing immigration laws and upholding humanitarian obligations, a theme that resonates throughout U.S. immigration policy discussions.

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