WASHINGTON (AP) — The Supreme Court cleared the way Thursday for the Trump administration to potentially revive an immigration policy once used to turn back migrants seeking asylum at the U.S.-Mexico border.
The justices, in a 6-3 decision, overturned a lower court order blocking the practice that limited the number of people who could apply for asylum each day under the Obama administration and during President Donald Trump’s first term.
Advocates
said the tactic created a humanitarian crisis as thousands of people settled in unsafe makeshift shelters to await their turn. The Trump administration said it was necessary to deal with an increase of asylum seekers at the border.
The policy isn't in place now, though authorities have imposed other restrictions on asylum seekers.
The administration argues that metering is a critical tool that’s been used by presidents of both parties and should stay available. Federal attorneys say people turned away at the border could come back later, though lines were thousands of people long when the policy was in place before.
The case is one of several immigration suits is considering this term, including Trump’s push to end restrict birthright citizenship and his administration’s effort to strip legal temporary protections for migrants fleeing instability and armed conflict.
Under federal law, migrants who arrive in the U.S. must be able to apply for asylum and be screened for fear of persecution in their home countries.
The Justice Department argued that people stopped by authorities haven’t arrived, so immigration agents don’t have to let them apply.
But attorneys for people seeking asylum say the law has long meant anyone arriving at a port of entry should be screened, and blocking arrivals disregards the nation’s ideals.
Metering was first used during President Barack Obama’s administration when large numbers of Haitians appeared at the main crossing to San Diego from Tijuana, Mexico. It was expanded to all border crossings from Mexico during Trump’s first term in the White House.
It ended in 2020 when the government introduced greater restrictions during the coronavirus pandemic, and President Joe Biden formally rescinded it in 2021.
The same year, a California-based federal judge found that metering violated the asylum seekers rights and the law requiring screening. A divided appeals court panel affirmed the ruling but nearly half of judges on the full San Francisco-based court voted to rehear it, a strong signal that might have caught the attention of the Supreme Court.
U.S. law allows people seeking refuge to apply for asylum once they are on American soil, regardless of whether they came legally. To qualify for asylum, they must show a fear of persecution in their homeland for specific reasons, like race, religion, nationality, membership in a particular social group or political opinion.
People who are eventually granted asylum can’t be deported. They can legally work, bring in immediate family, apply for legal residency and seek citizenship.
